Arbitration

ARBITRATION

Representative Cases

Petitioner entered into a contract with Respondent to manufacture and install custom drawers and cabinets. A dispute arose between the parties and the matter was arbitrated as required under the contract. The arbitration award required Petitioner to deliver the drawers and cabinets to Respondent and Respondent to pay Petitioner for the products.
Plaintiff entered into a contract for severe alcohol abuse rehabilitation services with Defendant located in the City of Malibu. Plaintiff resided in Chicago and flew to Los Angeles. When Plaintiff arrived at LAX she was intoxicated, having consumed alcohol on the flight. She was picked up at the airport by a limousine and she instructed the driver sent by Defendant to stop at a liquor store, where she purchased a bottle of wine, half of which she consumed on the way to the rehab center. Upon presentation to Defendant’s facility for treatment, Defendant refused to admit her because sobriety was a condition of admission. As a result, Defendant’s employee was instructed to drive Plaintiff to Agoura Hills and help her with checking into a hotel. Plaintiff alleges that after the employee assisted her into her room, he raped her. The same day, Defendant’s admissions counselor picked Plaintiff up at the hotel, transported her to Defendant’s facility and admitted her. The admission agreement has an arbitration clause. Plaintiff reported the rape to her counselors and filed a police report three days later. Two days before completing her 30-day program, Defendant expelled Plaintiff from the program, claiming she violated facility rules. Plaintiff claims the expulsion was wrongful and that she was entitled to a refund of her remaining fees. Defendant refused to refund the fees on grounds that the expulsion was a valid response to Plaintiff’s non-compliance. Plaintiff sued, and Defendant moved to Compel Arbitration.
Petitioner represented Respondent in a marital dissolution proceeding. Respondent failed to pay for services rendered. Petitioner now moves to compel arbitration pursuant to the retainer agreement.
Petitioners have an auto insurance policy with Respondent. Petitioners claim benefits under the uninsured motorist coverage of their policy. Respondent refuses to provide these benefits. Petitioners petition to compel arbitration of the dispute.
Petitioner hired Respondent as legal counsel on a real estate deal. As counsel, Respondent was to prepare loan documents memorializing a loan from Petitioner to non-parties. Petitioner alleges that Respondent negligently prepared these documents when he failed to include language protecting Petitioner from Respondent’s diversion of the loan funds from their intended purpose. Petitioner seeks to compel arbitration of the controversy.
Petitioner entered into a contract with Respondent for construction of a new Child Development Center at Petitioner’s Trade Tech campus. A dispute arose between the parties regarding Respondent’s claims for additional compensation and payment under the contract. The parties participated in binding arbitration. After 9 months of hearings, the Final Award was made. Thereafter, Petitioner filed an action to challenge the award of prejudgment interest, the denial of Petitioner’s request for delay damages, and the award of costs incurred for re-drawing shop drawings and refabricating steel columns. Respondent filed a counter petition to confirm the award in full.
Petitioner obtained an arbitration award in its favor on Respondent’s legal malpractice claim. A final arbitration award was issued which denied Petitioner’s request for attorney’s fees. Thereafter, a revised final arbitration award was issued which included an award of attorney’s fees. Petitioner filed an action to confirm the arbitration award and Respondent filed a separate petition seeking to vacate the award on grounds that the revised final arbitration award was invalid because it exceeded the powers of the arbitrator.
Petitioners and Respondents entered into a Purchase and Sale Agreement, and Escrow Instructions. Petitioners were to sell certain real property to Respondents pursuant to the Agreement. A controversy arose between the parties and the Petitioners requested that the court compel arbitration pursuant to the arbitration provision in the Agreement.
Petitioner is Respondent's landlord. Respondent defaulted on rent due and the parties entered into a settlement agreement wherein Respondent acknowledged the amount due and agreed to arbitration in the event of a dispute. Respondent defaulted on the settlement payments and Petitioner submitted the breach of the settlement agreement to arbitration.
Petitioner provided accounting services to Respondent's marital dissolution proceeding. Respondent failed to pay for those services. The agreement between the parties contained an arbitration clause. Petitioner submitted the claim to arbitration and the arbitrator issued an award in Petitioner's favor. Petitioner sought an order from the court to confirm the arbitration award.
Petitioner loaned money to a company pursuant to a loan agreement and a promissory note; Respondent guaranteed the repayment of the loan. Petitioner moved to compel arbitration pursuant to a separate arbitration agreement between the parties that governed the note, loan agreement and personal guaranty.
Petitioners were general contractors on the construction of an apartment complex owned by Respondent. Petitioners allege that the construction was completed, and Respondent failed to timely pay all amounts due Petitioners. The parties engaged in arbitration pursuant to the general contract’s arbitration provision. The arbitration proceeded over 21 months. Thereafter, the arbitrator issued his final award and found that Respondent owed Petitioners $24 million. Petitioners filed a petition to confirm the arbitration award. Respondents filed a motion to set aside the award.
Petitioner leases commercial property from Respondent. The parties’ lease agreement provides that the annual rent for the property will be 6% of the appraised value of the bare land. The lease further provides that the rent is to be reappraised every five years. The process by which the appraisal is to be conducted is set forth in the Lease Agreement. Petitioner and Respondent were required to each select a neutral appraiser in accordance with certain professional requirements. If the two neutral appraisers could not agree on an appraisal of the value of the land, they were to jointly select a third neutral appraiser. If they could not jointly agree on a third neutral appraiser, the parties were to petition the court to appoint a third neutral appraiser in accordance with the Lease Agreement. The appraisers did not agree on the appraisal nor could they agree on the selection of a third appraiser. A motion was filed with the court.
Petitioners’ home suffered significant fire and smoke damage. Respondent provided the homeowner’s insurance policy on the property. Petitioners submitted a claim for the property damage. The parties could not agree on the appraisal value of the damage. The parties thereafter submitted the appraisal for determination pursuant to procedures set forth under California Insurance Code §2071 and the subject policy. In conformity with the procedure, Petitioners appointed an appraiser and Respondent appointed an appraiser. The appraisers appointed an umpire. The parties challenged the appraisals and both sides submitted the matter for determination by the court.
Petitioner obtained an arbitration award against Respondents for breach of an agreement whereby Petitioner placed its jet with Respondents for a joint venture charter service. Petitioner alleged that Respondents breached the charter agreement by retaining all funds earned from twelve flights subject to the Charter Agreement. Respondent was a suspended corporation at the time of the arbitration and default judgment was entered against it. The arbitrator found in favor of Petitioner. The court confirmed the arbitration award and entered judgment.
Petitioner obtained an arbitration award against Respondent in connection with a contract dispute. Petitioner and Respondent entered into an Asset Purchase Agreement whereby Respondent was obligated to sell all of its assets, including customer information, to Petitioner. The agreement provided for arbitration in the event of a dispute. Petitioner maintained that the Respondent failed to transfer all assets under the Asset Purchase Agreement. Petitioner prevailed in arbitration.
Petitioner provided investment funds to Respondents pursuant to a promissory note. A dispute arose between the parties regarding Petitioner’s claim that Respondents defrauded him. The matter was arbitrated in accordance with the parties' agreements. The arbitrator issued an award in Petitioner's favor. Respondents participated in the arbitration hearing and filed a counter-claim which the arbitrator dismissed with prejudice. The court granted a Motion to Confirm the Award.