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ADR-104 - Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration
Summary
Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration
Text
Form ID: ADR-104
Title: Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration
Effective Date: 2024-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/ADR-104
Primary Download URL: https://www.courts.ca.gov/documents/adr104.pdf
Form Detail Page:
Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration
(ADR-104)
Ask for a trial by the court after an arbitrator’s decision (award) made in a special arbitration program for disputes between attorneys and clients over attorney fees. Use this form only for awards that you are free to reject (nonbinding awards) made in arbitrations done under Business and Professions Code sections 6200-6206.
Get form ADR-104
Effective: January 1, 2024
PDF Text:
Form Approved for Optional Use
Judicial Council of California
ADR-104 [Revised January 1, 2024]
REJECTION OF AWARD AND REQUEST FOR TRIAL
AFTER ATTORNEY-CLIENT FEE ARBITRATION
(Alternative Dispute Resolution)
Business and Professions Code, § 6200 et seq.;
Code of Civil Procedure, § 1285 et seq.
ADR-104
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE NO.: FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
FOR COURT USE ONLY
CASE NUMBER:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
REJECTION OF AWARD AND REQUEST FOR TRIAL
AFTER ATTORNEY-CLIENT FEE ARBITRATION
Jurisdiction (check all that apply):
Action is a limited civil case (does not exceed $35,000)
Amount demanded does not exceed $10,000
exceeds $10,000
Action is an unlimited civil case (exceeds $35,000)
NOTICE: Please read Alternative Dispute Resolution form ADR-105, Information Regarding Rights After Attorney-Client
Fee Arbitration, promptly and before completing this form. There are short deadlines for requesting court relief after an
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.
1. Petitioner and respondent. Petitioner (name each):
alleges and requests relief against respondent (name each):
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 6200–6206. Petitioner was
a. the attorney involved in the fee dispute.
b. the client involved in the fee dispute.
3. Pending or new action.
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.)
Page 1 of 2
ADR-104 [Rev. January 1, 2024] REJECTION OF AWARD AND REQUEST FOR TRIAL
AFTER ATTORNEY-CLIENT FEE ARBITRATION
(Alternative Dispute Resolution)
Page 2 of 2
PETITIONER:
RESPONDENT:
CASE NUMBER:
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) Petitioner appeared at the arbitration hearing in person or by counsel.
(2) Petitioner's failure to appear was not willful
because (explain reasons for not appearing):
Petitioner did not appear at the arbitration hearing.
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) requires the attorney the client to pay the other party this amount: $
(2) requires neither the attorney nor the client to pay the other anything.
c. Failure to appear. The arbitrator found that the following party willfully failed to appear at the arbitration hearing:
(1) Petitioner (name each):
(2) Respondent (name each):
d. The award also provides (specify other terms or complete item 5e and attach a copy of the
award):
Other provisions of award.
e. 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):
7. 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.)
8. 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.
9. Amount in dispute. The amount of attorney fees and costs in dispute is (amount): $
10. Pages and attachments. Number of pages attached:
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PETITIONER OR ATTORNEY)
Retrieval chunks
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#1
Form ID: ADR-104 Title: Rejection of Award and Request for Trial After Attorney-Client Fee Arbitration Effective Date: 2024-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/ADR-104 Primary Download URL: https://www.courts.ca.gov/documents/adr104.pdf Form Detail Page: Rejection of Awar…
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#2
a. the attorney involved in the fee dispute. b. the client involved in the fee dispute. 3. Pending or new action. 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 actio…
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#3
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): 7. 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.…