Ervin, Cohen & Jessup, LLP v. Kassel
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
JOHNSON, Acting P. J.
Ervin, Cohen & Jessup, LLP (EC&J), appeals from an order denying its motion to compel its former clients to arbitrate a dispute concerning legal fees and costs pursuant to an arbitration clause in a retainer agreement. Citing the Mandatory Fee Arbitration Act (MFAA), 1 the trial court concluded a predispute agreement for binding arbitration of a claim for unpaid fees and costs is unenforceable.
We find EC&J gave its former clients notice of their right to resolve the fee dispute via nonbinding arbitration under the MFAA. The clients failed to request such an…
2Cases cited3 opinions
- Aguilar v. LernerCalifornia Supreme Court · 2004
- ALTERNATIVE SYSTEMS, INC. v. CareyCalifornia Court of Appeal · 1998
- Schatz v. ALLEN MATKINS LECK GAMBLECalifornia Court of Appeal · 2007
3Cited by1 opinion
- Benjamin, Weill & Mazer v. KorsCalifornia Court of Appeal · 2011