Dickens v. Ming Lee

Opinion

KING, J.

In this case we hold that where a judicial arbitrator awarded a specific amount of attorney fees but unspecified costs, a judgment on the award was appealable as to the costs but not as to the attorney fees, which could be challenged only by request for trial de novo.

Linda K. Dickens and Stanley A. Davis sued their landlords, Ming and Melanie Lee, alleging 15 causes of action. The case went to mandatory

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judicial arbitration, which focused on two of the causes of action, breach of the warranty of habitability and wrongful eviction.

The arbitrator found a breach of the warranty of habitability but no wrongful eviction, and awarded compensatory damages of $2,500. The arbitrator also ruled that Dickens and Davis would “recover costs including attorneys’ fees in the amount of $1,000.00. Any greater fee award in this case would be unreasonable given that Defendants have prevailed on a substantial portion of the claims litigated.’’ The arbitrator’s award stated that statutory costs were awarded to Dickens and Davis, “provided, however, that the attorneys’ fees to be recovered as costs be limited to $1,000.00.” In contrast to the amount of attorney fees, the award did not specify the amount of costs.

Neither side requested a trial de novo, and the superior court clerk entered judgment on the arbitrator’s award. Dickens and Davis filed a costs memorandum seeking $10,000 in attorney fees and $351 in costs. The Lees moved to tax costs, and the court amended the judgment to award total attorney fees and costs of $1,000. Dickens filed a timely notice of appeal from the amended judgment.

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Dickens and Davis challenge the award of attorney fees, claiming the court erred by basing the award solely on the amount of compensatory damages and by failing to consider the effort required of their counsel. These issues, however, are not properly before us. A judgment on a judicial arbitration award is nonappealable. (Code Civ. Proc., § 1141.23;

Joyce

v.