Horn

Nemecek & Cole v. Horn

Bad Law
145 Cal. Rptr. 3d 641·2012 Cal. App. LEXIS 880·208 Cal. App. 4th 641
Court of Appeal of CaliforniaJuly 23, 2012No. B233274California4,002 words

Opinion

Lead Opinion

Bigelow, J.

Steven J. Horn appeals from the judgment, contending the trial court erred in confirming an arbitration award and awarding attorney fees. Horn primarily contends the arbitrator failed to disclose necessary information which would cause a reasonable person to doubt the arbitrator’s neutrality. We affirm the judgment.

FACTS

Horn was retained by Henry and Janelle Hoffman (the Hoffmans) to represent them in a lot line dispute with their neighbors. After a bench trial, *644 an adverse judgment was entered against the Hoffmans and they appealed the decision, retaining different counsel to represent them on appeal. The judgment was reversed on appeal. Horn subsequently sued the Hoffmans for unpaid fees and the Hoffmans counterclaimed for fraud, alleging that Horn materially misrepresented his experience in real estate matters, improperly billed the Hoffmans and failed to timely tender a cross-complaint to their homeowners insurance. Horn retained Frank Nemecek and Nemecek & Cole (collectively Nemecek) to represent him in the matter against the Hoffmans.

After trial, the jury returned a verdict of $42,282.56 to Horn on his fee claim against the Hoffmans and an identical amount…

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