Even If The Ruling Was Erroneous, The Fee Ruling Could Not Be Reviewed On The Merits.
Arbitration can be a tough process, because the arbitrator’s rulings—even on attorney’s fees and costs—are seldom ones which can be reviewed on the merits. Sirott v. East Bay Medical Oncology, Case Nos. A161353/A161555 (1st Dist., Div. 2 Jan. 28, 2022) (unpublished) demonstrates that aptly. There, arbitration claimants were successful on two claims, not creating a distinct fund benefitting a group of persons and only winning nominal compensatory damages of $1.00. The arbitrators refused to award them attorney’s fees and costs. The appellate court affirmed, determining that (1) the substantial benefit doctrine did not justify any such awards given the lack of a distinct fund and the nominal compensatory awards; and (2) a review of the fee decisions was foreclosed on the merits by the California Supreme Court’s decisions in Moshonov and Moore.
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