Slaughter v. Old Republic Home Protection Co. CA2/2

California Court of Appeal Apr 7, 2023 No. B318158Unpublished

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Holding. The court held that the trial court did not abuse its discretion in awarding costs to the respondent for trial court proceedings, as the arbitrator's ruling regarding costs was limited to the arbitration itself and did not apply to court proceedings.

Issues

Whether the trial court abused its discretion in denying the appellant's motion to tax costs.
Whether an arbitrator's ruling that parties pay their own costs in arbitration precludes a court from awarding costs for subsequent judicial proceedings to confirm the award.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Appellant has failed to show that the trial court abused its discretion in its ruling.”

“The trial court did not abuse its discretion in determining that the arbitrator’s ruling concerning costs and fees incurred in the arbitration was not applicable in the trial court.”

Filed 4/7/23 Slaughter v. Old Republic Home Protection Co. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

DJUANIQUE SLAUGHTER, B318158

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC700457) v.

OLD REPUBLIC HOME PROTECTION COMPANY, INC.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Gregory W. Alarcon, Judge. Affirmed. Djuanique Slaughter, in pro. per., for Plaintiff and Appellant. Claytor Law Group and James D. Claytor for Defendant and Respondent. ******

Djuanique Slaughter (appellant) appeals from an order denying her motion to tax costs following trial court proceedings arising out of respondent Old Republic Home Protection Co., Inc.’s (respondent) petition to confirm an arbitration award. Appellant has failed to show error, therefore the order is affirmed.

BACKGROUND1 On April 23, 2018, appellant filed a first amended complaint (FAC) against respondent claiming breach of contract, negligent misrepresentation, intentional misrepresentation, fraud, insurance bad faith, breach of fiduciary relationships and breach of the covenant of good faith and fair dealing. The controversy between the parties arose after a pipe broke in appellant’s home causing damage in 2016-2017. Appellant sued respondent under a contract between the parties. On May 22, 2018, respondent filed a demurrer to the FAC. Thereafter the trial court sustained the demurrer without leave to amend as to the causes of action for insurance bad faith, breach of fiduciary relationship and breach of the covenant of good faith and fair dealing. The court overruled the demurrer as to the causes of action for breach of contract, negligent misrepresentation, intentional misrepresentation, and fraud. On July 24, 2018, respondent filed a motion to compel arbitration, which was granted. On August 27, 2018, notice of

Slaughter v. Old Republic Home Protection Co. CA2/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

DJUANIQUE SLAUGHTER, B318158

OLD REPUBLIC HOME PROTECTION COMPANY, INC.,

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