Buckley v. El Dorado Enterprises, Inc. CA2/1
Rebecca M. Buckley (Buckley) sued her former employer, El Dorado Enterprises, Inc. (El Dorado) for employment discrimination. Pursuant to a stipulation of the parties, the trial court ordered the case to binding arbitration. The arbitrator issued an award purportedly disposing of all issues submitted for arbitration. Although the arbitrator found that Buckley prevailed on two of her six claims, he did not award her any monetary damages, because she “suffered no actual out of pocket loss.” In issuing his award, the arbitrator observed that Buckley had not sought to recover her attorney fees. Three months later, following a postaward motion by Buckley, the arbitrator issued a second award, granting Buckley, as the “prevailing party,” her attorney fees and costs.
Buckley subsequently petitioned the trial court to confirm the two awards, while El Dorado moved to vacate the second award. The trial court confirmed the initial award but vacated the second award on the ground t
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