Hollander

INTRODUCTION

David Hollander appeals the superior court’s ruling denying his petition to correct and affirm as corrected the award in an arbitration between Hollander, Tennenbaum Capital Partners, LLC (TCP), and Tennenbaum Special Situations MM, IX LLC, Tennenbaum IX-C SLP, LLC, Tennenbaum IX-O SLP, LLC, and Tennenbaum Special Situations IX-S GP, LLC (collectively the CIV entities).1 Hollander prevailed on certain of his claims in the arbitration, but not others including his request for attorney’s fees. When Hollander presented his request for attorney’s fees to the arbitrator, he did not include any claim or argument that he was entitled to attorney’s fees under Labor Code section 218.5 (section 218.5). That section provides that in any action for nonpayment of wages, “the court shall award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs upon the initiation of the action.” (§ 218.5, subd. (a).) In his petition to the superior court, Hollander sought an order adding attorney’s fees to the arbitration award, contending section 218.5 entitled him to such fees. The superior court denied Hollander’s request…