California Court of Appeal

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Heimlich v. Shivji, 042641

In an appeal involving the recoverability of costs available under Code of Civil Procedure section 998 following an American Arbitration Association (AAA) award that denied requests by both sides for damages, costs, and attorney fees, in an underlying action filed by an attorney seeking unpaid fees from his client, the trial court's order confirming the arbitration award is reversed where Client timely presented his section 998 claim for costs to the arbitrator, the arbitrator should have reached the merits of that claim, and the arbitrator's refusal to hear evidence of the section 998 offer warranted partially vacating the arbitration award.

Appellate Information

  • Decided
  • Published 2017/05/31

Judges

  • WALSH

Court

  • California Court of Appeal

Counsel