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CORONA v. AMHERST PARTNERS

No. D040084.

132 Cal.Rptr.2d 250 (2003)

107 Cal.App.4th 701

Juvenal CORONA, Plaintiff and Appellant, v. AMHERST PARTNERS, et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

April 1, 2003.

Attorney(s) appearing for the Case

Law Offices of Benjamin Pavone and Benjamin Pavone for Plaintiff and Appellant.

Turner & Maasch, Inc. and John M. Turner for Defendants and Respondents.

McINTYRE, J.

The issue presented in this case is one of first impression in California: where a party is required by contract to submit a dispute to binding arbitration, but does not request that the arbitrator decide his entitlement to attorney fees even though that issue was part of the submission, may a trial court nonetheless determine that issue and make an award of fees and costs incurred in the arbitration?...

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