California Supreme Court,
9th U.S. Circuit Court of Appeals
Dec. 13, 2022
An arbitrary decision - Honchariw v. FJM Private Mortgage Fund, LLC
The California Supreme Court is considering review of an appellate court’s ability to reverse an arbitrator’s decision to enforce a liquidated damages provision.
Jonathan D. Fink
Partner
Wright, Finlay & Zak LLP
4665 MacArthur Court
Newport Beach , CA 92660
Email: jfink@wrightlegal.net
Jonathan is a California certified appellate specialist .
In the recent, published opinion in Honchariw v. FJM Private Mortgage Fund, LLC, 2022 DJDAR 10369, the Court of Appeal for the First Appellate District reversed an arbitration award in favor of defendant, a private lender. The arbitrator had determined that the default interest clause in the loan documents was an unlawful penalty under Civil Code Section 1671 and the Superior Court confirmed the award. The b...
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