Stokes

Stokes v. SBS Transport, LLC

Good Law
United States District Court, Northern District of CaliforniaJanuary 12, 20234:20-cv-02086California1,084 words

Opinion

Trial Court Opinion

BACKGROUND

20 On January 3, 2023, the Court granted Plaintiff’s motion to vacate the order compelling 21 arbitration in this matter. (Dkt. No. 25.) The Court determined Plaintiff was entitled to sanctions 22 pursuant to California Code of Civil Procedure section 1281.99 (“Section 1281.99”), which 23 requires a court to impose sanctions against a drafting party in breach of an arbitration agreement 24 by ordering them to pay “the reasonable expenses, including attorney’s fees and costs, incurred by 25 the employee or consumer as a result of the material breach.” Cal. Civ. Proc. § 1281.99. Plaintiff 26 requested monetary sanctions in the amount of $23,455.00. Plaintiff’s lump sum request included 27 a $250 arbitration fee, 2.50 hours of a senior associate’s time at an hourly rate of $950, and 24.20 hours of counsel’s time at $775. The Court determined it was unable to evaluate the reasonableness of the requested fees based on Plaintiff’s unsubstantiated lump sum request and ordered Plaintiff to file a supplemental declaration providing a “detailed accounting” of the request for attorneys’ fees and costs including “detailed time records justifying the hours…

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