PRETRIAL ADJUDICATION
...Judicial Arbitration
......Trial De Novo
.........Fees & Costs
 10 Cards On This Topic:
  • If judgment for party requesting trial de novo not more favorable than arbitration award, ct. may order that party pay fees and costs unless it finds on motion & in writing that doing so would create substantial economic hardship.
  • Party electing trial de novo may not have more favorable judgment than arb award, nor recover costs on trial de novo and is limited on cost disallowance to costs incurred after election.
  • When party requesting trial de novo in forma pauperis and did not obtain more favorable judgment than award, costs can only be assessed and used as offset against damages.
  • Arbitration costs paid by county unless arbitration by stip, in which case parties pay in equal shares; in case of economic hardship, county might pay.
  • After opposing party's costs are awarded as offset, and if sufficient amount of judgment remains to cover them, arbitrator's fees are awarded to the county.
  • Employee entitled to expenses re suit against tortfeasor in trial de novo, even though recovery from trial less than arb award after deduction for employer’s WC payments.
  • Based upon statutory language of Code Civ. Proc. §1141.26, if the award exceeds $50,000, then there is no right to Code Civ. Proc. §1141.21 costs.
  • When a trial court incorrectly assigns a case to judicial arbitration, Code Civ. Proc. §1141.26 inapplicable.
  • Since jury verdict not more favorable to P than arb award, P liable for costs even though D first demanded trial de novo thus rendering P's request superfluous; expert fees also recoverable.
  • If award $50,000 and judgment after trial de novo is also $50,000, provisions in Code Civ. Proc. §1141.21 do not apply.


    •