Defense Arbitration Award Confirmed after Superior Court Appeal in Legal Malpractice Case

July 11, 2011

B. Casey Yim obtained a defense arbitration award in favor of his attorney client, the respondent in a legal malpractice case. The arbitrator also entered a monetary award in favor of the attorney for costs, in accordance with the arbitration agreement, in the amount of $10,000. The award was appealed by the plaintiff to the Superior Court of Orange County. Mr. Yim, with assistance by Gregory A. Sargenti and Scott R. Jackman, secured a judgment affirming and confirming the favorable defense award by the superior court.

The case involved the plaintiff’s failure to heed attorney advice and accept a defense settlement offer. The plaintiff claimed that the attorney did not advise her, and denied that he sent emails and called to communicate the settlement offer. The defense produced evidence showing emails sent to the plaintiff, communicating the settlement offer and deadline, along with the plaintiff’s email responses. The defense also produced evidence of a one-hour telephone conversation between the attorney and the plaintiff on the settlement deadline date. The arbitration award was then reached in favor of the defendant.

The plaintiff appealed the decision, claiming fraud and alleging additional emails were never sent. The defense again impeached her testimony by producing evidence of emails with attachments signed by the plaintiff. The superior court entered judgment confirming the arbitration award, and awarding pre-judgment interest on the arbitration cost award.