What are the costs and attorney fees of a party who requests a trial de novo and fails to obtain a judgment from an arbitrator?

California, United States of America


The following excerpt is from Smith v. Rae-Venter Law Group, 127 Cal.Rptr.2d 516, 29 Cal.4th 345, 58 P.3d 367 (Cal. 2002):

Under the fee- and cost-shifting provision of the judicial arbitration statute, a party who requests a trial de novo and fails to obtain a judgment "more favorable in either the amount of damages awarded or the type of relief granted" must pay the opposing party's costs and attorney fees to the extent authorized by contract or statute. (Code Civ. Proc, 1141.21, subd. (a).) "The trial de novo provides the losing party with yet another chance to present its case, but that party also assumes a risk by requesting the trial: if the judgment for the party electing the trial de novo is not more favorable, either in the amount of damages awarded or the type of relief sought, than was the arbitration award, that party must reimburse the county for the compensation paid to the arbitrator, as well as paying the opposing party the costs it has incurred as a result of the trial." (Weber v. Kessler, supra, 126 Cal.App.3d at p. 1036, 179 Cal.Rptr. 299.)

Other Questions


When an arbitration agreement requires the parties to share the costs of arbitration, does the court have jurisdiction to order that party to waive its right to arbitrate the other party's claim? (California, United States of America)
When a party opposing an attorney fees motion fails to request a statement of decision with specific findings, does the party have to affirmatively show error on the part of the trial court? (California, United States of America)
Can an attorney or party who files a frivolous motion to disqualify or harass an opponent to delay litigation be sanctioned by paying the attorney fees and costs incurred by the opposing party? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Can a party argue on appeal that the court failed to give a specific instruction when that party did not request such instruction? (California, United States of America)
What is the test for an arbitrator to vacate an arbitration award for failing to disclose their relationship with the opposing party's counsel? (California, United States of America)
Is a judgment stating that attorney's fees and costs shall be determined by post-judgment application? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Is a party required to request that the court enter judgment on a valid jury verdict in order for that party to have the benefit of the verdict? (California, United States of America)
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.