Deadlines: Where Motion To Compel Arbitration, Based On Accompanying Declarations, Had A Fee Request, It Authorized The Lower Court To Grant Fees Where Other Side Did Not Object To Them In Their Opposition Or At The Hearing

Inadequate Record Sealed The Result, But The Lesson Is To Make An Objection To A Fee Request Even If Inartfully Raised.

            The result in Barcenas v. 99 Cents Only Stores, LLC, Case No. B316898 (2d Dist., Div. 3 Feb. 17, 2023) (unpublished) is based on waiver, but it is a lesson to object to an attorney’s fees request even if made through declarations in support of a motion.

            The defense brought a motion to compel arbitration and, through declarations, sought attorney’s fees against the plaintiffs, although not mentioning it in their notice of motion per se but reiterating the request in a reply brief.  Plaintiffs did not oppose or apparently object at the motion to compel arbitration hearing.  The lower court awarded $6,759.65 in fees against plaintiffs as “a sanction.”  The appellate court affirmed because plaintiffs never objected to the fee request, with the panel believing that it was teed up enough through the notice of motion which incorporated the defense brief and declarations.  Moral of this opinion:  object or make a record that the fee request was inartfully or inadequately raised!