In what circumstances will an arbitrator award attorney fees on a motion brought by Fishman in a personal injury case?

Second, we note that the arbitrator based his attorney fee award on more than what was contained in Fishman's motion; as the arbitrator expressly stated, the award was based in part upon his "familiarity with the case and his observation of the attorney services provided while handling the many issues brought to his attention." (See Martino v. Denevi, supra, 182 Cal.App.3d at p. 559 ["'In many cases the trial court will be aware of the nature and extent of the attorney's services from its observation of the trial proceedings and the pretrial and discovery proceedings reflected in the file'"].) Under these circumstances, we conclude that the arbitrator did not err in its award of attorney fees.

Page 20

III. Not a frivolous appeal