Buchalter
Buchalter v. HR E&I Co. CA1/1
Opinion
Opinion
I.
FACTUAL AND PROCEDURAL
BACKGROUND
Buchalter represented HR E&I, formerly known as Horyong Co. Ltd., in successfully obtaining a judgment of about $2 million against Chang and Young Ahn. The amount of fees HR E&I owed Buchalter for its services was
1 Even though we reject HR E&I’s arguments, we deny Buchalter’s
motion for sanctions. (See Avila v. Continental Airlines, Inc. (2008) 165 Cal.App.4th 1237, 1261 [appellate sanctions are used sparingly to deter only the most egregious conduct]; In re Marriage of Flaherty (1982) 31 Cal.3d 637, 650 [“An appeal that is simply without merit is not by definition frivolous and should not incur sanctions”].) disputed, and after Buchalter filed a lien against the judgment, the Ahns filed an interpleader for a portion of the disputed amount. The fee dispute was arbitrated, and the arbitrator awarded Buchalter a little over $250,000 in fees and costs. Buchalter moved to confirm the arbitration award in the trial court. The court confirmed the award after rejecting HR E&I’s arguments, including its arguments that the award was procured by fraud or undue means, and that the arbitrator exceeded his powers.