Dougherty

David S. Karton, A Law Corporation (Karton), sued its former client, William Russell Dougherty, for unpaid fees and costs. In 1999, Karton obtained a default judgment against Dougherty in the amount of $86,676.88, including an award of attorney fees pursuant to the parties’ retainer agreement. Karton thereafter pursued enforcement of the judgment and obtained awards of the attorney fees incurred in those enforcement efforts.

On appeal from the denial of Dougherty’s motion to vacate a 2007 attorney fee award, we directed the superior court to vacate that award and held that the 1999 default judgment was void on the face of the record because it granted relief that exceeded what was demanded in Karton’s complaint. (David S. Karton, A Law Corp. v. Dougherty (2009) 171 Cal.App.4th 133, 136 [ 89 Cal.Rptr.3d 506 ] (Karton).) We directed the superior court to vacate the judgment nunc pro tune, and we remanded for further proceedings.

On remand, after vacating the default judgment as directed, the court granted Dougherty’s motion to vacate the default. The matter proceeded to arbitration pursuant to Business and Professions Code section 6201, and the arbitrators determined that…