Giorgianni v. Crowley
2011 Cal. App. LEXIS 1007
Cal. Ct. App.2011Background
- MFAA provides a nonbinding arbitration process for attorney fee disputes, with a de novo trial possible if timely rejected.
- Giorgianni was awarded $29,713.96 in MFAA arbitration against Crowley.
- Crowley timely filed a request for trial de novo within 30 days after service of the Award.
- Crowley filed the de novo request in the Santa Clara County Small Claims Court seeking $5,000.
- Giorgianni petitioned to confirm the Award in superior court, arguing Crowley filed the de novo in the wrong court.
- The trial court confirmed the Award, and Crowley appealed seeking reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of ‘amount of money in controversy’ in 6204(c) | Giorgianni: use arbitration amount (≈$29,713.96) or award amount | Crowley: use amount in controversy in the de novo action (≤$5,000) | Amount means the claimant's asserted amount in the de novo action (≤$5,000) |
| Court with jurisdiction for MFAA de novo filing | Giorgianni: de novo must be filed in unlimited superior court | Crowley: filing in small claims is proper for $5,000 dispute | Small Claims Court had proper jurisdiction; de novo timely filed in that court; not limited to unlimited jurisdiction |
| Appealability of the judgment on the order confirming the Award | Giorgianni: Crowley cannot appeal without challenging the Award itself | Crowley preserved an appeal by challenging entry of judgment after timely rejection | Judgment on the order confirming the Award is appealable; Crowley’s appeal proper |
Key Cases Cited
- Schatz v. Allen Matkins Leck Gamble & Mallory LLP, 45 Cal.4th 557 (Cal. 2009) (MFAA award presumed nonbinding; de novo rights)
- Maynard v. Brandon, 36 Cal.4th 364 (Cal. 2005) (Arbitration award nonbinding unless timely de novo request)
- In re Marriage of Corona, 172 Cal.App.4th 1205 (Cal. App. 2009) (Appeal from confirmation of MFAA award)
- Perez v. Grajales, 169 Cal.App.4th 580 (Cal. App. 2008) (Arb. award; authority on MFAA procedures)
- Loeb v. Record, 162 Cal.App.4th 431 (Cal. App. 2008) (Support for MFAA interpretation and proceedings)
- Cummings v. Future Nissan, 128 Cal.App.4th 321 (Cal. App. 2005) (Appealability and MFAA procedures guidance)