PRETRIAL ADJUDICATION
...Contract Arbitration
......Procedure Enforcing/Attacking Award
.........Atty Fees and Costs
6 Cards On This Topic:

Cost-shifting provisions of CCP 998 apply to UM arbitration conducted per Ins. Code 11580.2.

Once the hearing on the merits began at arbitration, it was too late for Ps to dismiss instant action without prejudice to avoid an attempt by Ds to recover atty. fees as prevailing party.

As a matter of law, with respect to postarb judicial proceedings, Ds were prevailing party in meaning of CCP §1032 (a)(4) and entitled to attorneys fees.

Client who loses binding fee arbitration may later sue atty based on same allegations of misconduct or breach of K on which fee dispute based, but may not recover as damages any portion of the fee the arbitrators awarded attorney.

Complaint not barred by SOL in mandatory fee arb statute where it sought type of relief P was precluded from seeking in arbitration; damages from those C/As were separate claims, to which SOL for each applied.

Plaintiff could not recover attorney fees and costs incurred in arbitration in the judicial proceedings following arbitration.