COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address ): : : Plaintiff(s)
TELEPHONE NO.: EMAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional):
Index No. Calendar No.
FOR COURT USE ONLY
: : : :
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE:
Defendant(s) : . .BRANCH .NAME: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ...
THE PEOPLE OF THE STATE OF NEW YORK FOR TRIAL REJECTION OF AWARD AND REQUEST
AFTER ATTORNEY-CLIENT FEE ARBITRATION
Jurisdiction (check all that apply): Action is a limited civil case Amount demanded does not exceed $10,000 exceeds $10,000, but does not exceed $25,000 GREETINGS: Action is an unlimited civil case (exceeds $25,000)
NOTICE: Please read Alternative Dispute Resolution form ADR-105, Information Regarding Rights After Attorney-Client at the Court Feethe Honorable Arbitration, promptly and before completing this form. There are short deadlines for requesting court relief after an located at County of attorney-client fee arbitration award. Do not use this form to confirm, correct, or vacate an attorney-client fee arbitration award; use form ADR-103 instead. in room , on the day of , 20 , at o'clock in the noon, and at any recessed
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
or adjourned date, to testify and give evidence as a witness in this action on the part of the
1. Petitioner and respondent. Petitioner (name each):
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. alleges and requests relief against respondent (name each): Witness, Honorable Court in County, , one of the Justices of the day of , 20
2. Attorney-client fee dispute arbitration. This Rejection of Award and Request for Trial concerns an arbitration to determine disputed attorney fees that was conducted under Business and Professions Code sections 62006206. Petitioner was (Attorney must sign above and type name below) a. the attorney involved in the fee dispute. b. the client involved in the fee dispute.
3. Pending or new action. Attorney(s) for a. Pending action. A court case concerning the attorney-client fee dispute involved in the arbitration is already pending, and this Rejection of Award and Request for Trial is being filed in that action. b. New action. This Rejection of Award and Request for Trial is being filed with a complaint commencing a new action. (A request for trial must be filed in a pending case or with a complaint commencing a new action.)
Office and P.O. Address
Form Approved for Optional Use Judicial Council of California ADR-104 [New January 1, 2004]
Telephone No.: Facsimile No.: E-Mail Address: REJECTION OF AWARD AND REQUEST FOR No.: Mobile Tel. TRIAL
AFTER ATTORNEY-CLIENT FEE ARBITRATION (Alternative Dispute Resolution)
Page 1 of 2 Business and Professions Code, § 6200 et seq.; Code of Civil Procedure, § 1285 et seq.
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4. Arbitration hearing. The arbitration hearing was conducted as follows (complete each of the following): a. Date (each date of arbitration): b. Location (city and state where arbitration was conducted): c. Appearances at the arbitration. The arbitration hearing was conducted as follows (check one of the following): (1) (2) Petitioner appeared at the arbitration hearing in person or by counsel. Petitioner did not appear at the arbitration hearing. Petitioner's failure to appear was not willful because (explain reasons for not appearing):
5. Arbitration award. a. Date of award. The arbitration award was made on (date): b. Amount of award. The arbitration award (complete one of the following): (1) the attorney the client to pay the other party this amount: $ requires (2) requires neither the attorney nor the client to pay the other anything. c. (1) (2) d. Failure to appear. The arbitrator found that the following party willfully failed to appear at the arbitration hearing: Petitioner (name each): Respondent (name each): Other provisions of award. The award also provides (specify other terms or complete item 5e and attach a copy of the award):
Attachment of award. A copy of the arbitration award is submitted as Attachment 5(e).
6. Notice of award. This Rejection of Award and Request for Trial is being filed within 30 days after notice of the award was mailed to petitioner. (A trial after arbitration is available only if it is requested within 30 days after the notice of award was mailed to the party requesting the trial.) a. The notice of the award indicates that it was mailed to petitioner on (date): b. Petitioner alleges that the award was actually mailed on (date):
Nonbinding arbitration. The parties did not agree in writing, at any time after the dispute over attorney fees or costs arose, to be bound by the arbitration award. (A trial after arbitration is not available if the parties agreed in writing after the dispute arose that the award would be binding.) Rejection of award and request for trial. Petitioner rejects the arbitration award and requests a trial ("hearing de novo") in court to resolve the dispute over attorney fees and costs. Amount in dispute. The amount of attorney fees and costs in dispute is (amount): $
10. Pages and attachments. Number of pages attached:
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER OR ATTORNEY)
ADR-104 [New January 1, 2004]
REJECTION OF AWARD AND REQUEST FOR TRIAL AFTER ATTORNEY-CLIENT FEE ARBITRATION (Alternative Dispute Resolution)
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