DEVELOPMENTS IN THE LAW -
THE MORRISON LAW JOURNAL
The Morrison Law Group is responsible for publishing The Morrison Law Journal, a monthly legal journal which discusses important developments in California law.
The May 2019 edition of The Morrison Law Journal discusses the Court of Appeal decision in Heimlich v. Shivji (2019) Westlaw 2292828 where the Court held that, in the context of an arbitration, a Request for Costs under Code of Civil Procedure section 998 (a Statutory Offer) must be ruled upon by the arbitrator, and not the court, even if the arbitrator declines to rule on the costs request based on the arbitrator’s mistaken belief that the arbitrator no longer has post award jurisdiction to rule on the costs request (the Court forcefully noted that arbitrating counsel should seek a stipulation in advance of the arbitration that the arbitrator will retain post award jurisdiction to rule on costs requests or run the risk of forfeiting a costs request).
READ THE MAY 2019 EDITION