1.MOTION TO TAX COSTS
Plaintiff Jennifer Loeffler moves to tax $89,526.37 in costs requested by Defendants RSM 8 LLC, Fieldstone Partners California LLC, Fieldstone Residential Builders LLC, and PCA Management Services Inc. (CCP 1033.5; CCP 1293.2, and CRC 3.1700 (b).)
Plaintiff argues correctly that as a general rule, once a dispute has been submitted to binding arbitration, the question of whether to award costs and attorney’s fees must be determined by the arbitrator, if the arbitrator has jurisdiction over the dispute and the issue of fees and costs. (Maaso v. Signer (2012) 203 Cal.App.4th 362, 377.) In Maaso, the party seeking costs did not submit its request to the arbitrator.
Loeffler notes correctly that the plain language of the arbitrator’s award itself suggests that the arbitrator did rule on this issue as follows: “Pursuant to arbitrator’s discretion and the Home Builder’s Limited Warranty, each party to bear its own witness fees, costs, and attorney’s fees.” (Rader Decl. a
Hearing Date
July 21, 2017
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1.MOTION TO TAX COSTS
Plaintiff Jennifer Loeffler moves to tax $89,526.37 in costs requested by Defendants RSM 8 LLC, Fieldstone Partners California LLC, Fieldstone Residential Builders LLC, and PCA Management Services Inc. (CCP 1033.5; CCP 1293.2, and CRC 3.1700 (b).)
Plaintiff argues correctly that as a general rule, once a dispute has been submitted to binding arbitration, the question of whether to award costs and attorney’s fees must be determined by the arbitrator, if the arbitrator has jurisdiction over the dispute and the issue of fees and costs. (Maaso v. Signer (2012) 203 Cal.App.4th 362, 377.) In Maaso, the party seeking costs did not submit its request to the arbitrator.
Loeffler notes correctly that the plain language of the arbitrator’s award itself suggests that the arbitrator did rule on this issue as follows: “Pursuant to arbitrator’s discretion and the Home Builder’s Limited Warranty, each party to bear its own witness fees, costs, and attorney’s fees.” (Rader Decl. a