California Mediation and Arbitration

Category: Arbitration: MFAA

MFAA, Deadlines: Missing Deadline For Serving Petition To Vacate Was Not Jurisdictional Under Mandatory Fee Arbitration Act

December 13, 2023 · Arbitration: Deadlines, Arbitration: MFAA

And The Court Also Decides An Issue Of First Impression Concerning Adequacy Of Service.         The Appellate Division of the Superior Court, County of Los Angeles, addressed Mandatory Fee Arbitration Act (MFAA) issues in Folke v. Pulliam (10/6/23). In an employment dispute, Pulliam, the client, hired attorney Folke to assist Pulliam's attorney Akinyemi. Afterwards she […]

MFAA: Losing Trial De Novo After Mandatory Fee Arbitration Award Can Lead To Serious Reversal Of Fortune

May 3, 2023 · Arbitration: Deadlines, Arbitration: Fees, Arbitration: MFAA

Mandatory Fee Arbitration Act Fee Provisions Prevailed Over Contract Fee Provisions. Oscar Wilde. c1882. N. Sarony. Library of Congress.         Oscar Wilde is credited with the paraprosdokian, "One would have to have a heart of stone to read the death of Little Nell without laughing." Our next case provokes similar sentiments. Surjit P. Soni v. […]

Deadlines, Mandatory Fee Arbitration Act: Mailing Did Not Extend 30-Day Deadline After Service Of Award To File New Action After Mandatory Fee Arbitration

December 6, 2019 · Arbitration: Deadlines, Arbitration: MFAA

What A Difference A Day Makes . . .          Attorney Soni and his client entered into mandatory fee arbitration, and thirty-three days  after receiving an award of $2.50 (two dollars and fifty cents) in his favor, the attorney filed a new action in the superior court. Ruling the 30 day deadline to file […]

MFAA, Appealibility, Jurisdiction: An Order Denying A Petition To Compel A Mandatory Fee Arbitration Act Arbitration Is Not Appealable

June 17, 2019 · Arbitration: Appealability, Arbitration: Fees, Arbitration: Jurisdiction, Arbitration: MFAA

Appealability Under The Mandatory Fee Arbitration Act Is Different Than Appealability Under The California Arbitration Act.             The holding of Levinson Arshonsky & Kurtz LLP v Kim (2/1  5/29/19) (Weingart, J.), is that an order denying a petition to compel an MFAA arbitration is not appealable. Therefore, the Court of Appeal lacks jurisdiction to […]

Arbitration: Tetrad Of Unpublished Cases Present Issues Concerning Mandatory Fee Arbitration, Res Judicata, Existence Of Agreement, 1281.2, Appealability

November 29, 2018 · Arbitration: Appealability, Arbitration: Collateral Estoppel/Res Judicata, Arbitration: Existence of Agreement, Arbitration: MFAA, Arbitration: Section 1281.2

Ferguson v. Camarillo Health Care District, B281856 (2/6  11/28/18) (Tangeman, Gilbert, Yegan) (unpublished).     When a an opinion begins, "Calling it an 'unproductive waste of time,' attorney Ralph T. Ferguson did not participate in mandatory arbitration of a fee dispute with his client Camarillo Health Care District (CHCD). The arbitrators ruled in favor of […]

Arbitration, Fees, MFAA/Mediation, Condition Precedent: Defendant Who Did Not Agree To Binding Arbitration Was Nevertheless Bound By Mandatory Fee Arbitration Act Award

November 19, 2017 · Arbitration: Fees, Arbitration: MFAA, Arbitration: Record, Mediation: Condition Precedent

A Mistake By The Trial Court Did Not Affect The Outcome.         Client Nussbaum and attorney Liberty had a fee dispute that they arbitrated pursuant to the Mandatory Fee Arbitration Act (MFAA).  The arbitration panel awarded Liberty $75K in fees and $30K in interest.  After the notice of the award was mailed and more than 30 […]

Arbitration, Fees, MFAA: Orange County Bar Association Co-Chairs Of Mandatory Fee Arbitration Committee Provide Helpful Tips On What Arbitrators Look For In Attorney Fee Arbitration

July 10, 2016 · Arbitration: Fees, Arbitration: MFAA

Interview In Orange County Lawyer Is Summarized Today In California Attorney’s Fees Blawg.       My colleague Mike Hensley and I publish a blawg about California Attorney’s Fees.  A post today (July 10, 2016) in that blawg  summarizes highlights of an interview appearing in the July 2016 edition of the Orange County Lawyer, in which the […]

Arbitration/Standard Of Review/MFAA: Arbitrator’s Error In Stating Amount Of Fees Paid By Client Not A Reason To Overturn Arbitrator’s Award In Attorney-Client Fee Dispute

May 22, 2016 · Arbitration: Disclosures, Arbitration: MFAA, Arbitration: Standard of Review

But Court’s Decision On Fee Award Is Vacated, Because There Was No Reasonable Basis For Assigning Different Hourly Rates To Two Attorneys.      Baxter v. Bock, A142372, A142984, A143689 (1/1 May 18, 2016) (Margulies, Humes, Dondero) (unpublished) rather starkly illustrates the application of different standards of review to the arbitration award in an attorney’s fees […]

Mandatory Fee Arbitration: Two New Committee On Mandatory Fee Arbitration Advisories

May 4, 2016 · Arbitration: Fees, Arbitration: MFAA

     The Committee on Mandatory Fee Arbitration of the State Bar of California has two new Advisories on Mandatory Fee Arbitration (MFA) brought under the Business & Professions Code.  Advisory 2016-01, replacing Advisory 2011-02, is about the application of the Statute of Limitations for MFAs.  Advisory No. 2016-02, replacing Advisory 2003-01, is an analysis of […]