California, United States of America
The following excerpt is from Corona v. Amherst Partners, 107 Cal.App.4th 701, 132 Cal.Rptr.2d 250 (Cal. App. 2003):
of contractual arbitration provides that "[t]he subject contract calls for disputes to be settled by binding arbitration" under Code of Civil Procedure section 1282 et seq. The trial court correctly concluded from the record before it that, because the parties' stipulation did not limit the issues to be resolved through arbitration, the issue of Corona's entitlement to attorney fees and costs, as requested in his complaint, was subject to determination in arbitration proceedings. (See Moshonov v. Walsh (2000) 22 Cal.4th 771, 776, 94 Cal.Rptr.2d 597, 996 P.2d 699; see also Cal. Rules of Court, rules 1614(a)(8), 1615(a) [absent agreement to the contrary, arbitrator must "determine all issues properly raised by the pleadings, including a determination of any damages and an award of costs, if appropriate"].)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.