Blog Home

Tag: Mandatory Fee Arbitration

May 25, 2016

Baxter v. Bock (2016) 247 Cal.App.4th 775

Posted by: jab | Share | Comments Off on Baxter v. Bock (2016) 247 Cal.App.4th 775

Download Publication The First District refuses to overturn an arbitration award on the grounds an arbitrator failed to make sufficient disclosures to reveal bias. The Court held there was no basis to award attorney’s fees for the work of a female attorney at a rate lower than that of a male attorney with similar credentials.  […]

Tags: ,
Categories: Legal Updates

February 15, 2012

Greenberg Glusker Fields Claman & Machtinger LLP v. Bernard Rosenson (2012) 203 Cal.App.4th 688

Posted by: jab | Share | Comments Off on Greenberg Glusker Fields Claman & Machtinger LLP v. Bernard Rosenson (2012) 203 Cal.App.4th 688

Download Publication The Second District holds that a law firm’s arbitration demand was effective to invoke the arbitration clause in its retainer agreement with its client despite the fact the firm did not file a superior court action to compel arbitration within 30 days of the issuance of a non-binding arbitration award under the MFAA. […]

Tags:
Categories: Legal Updates

August 4, 2011

Giorgianni v. Crowley (2011) 197 Cal.App.4th 1462

Posted by: jab | Share | Comments Off on Giorgianni v. Crowley (2011) 197 Cal.App.4th 1462

Download Publication The Sixth District holds that filing a small claims action is an effective rejection of a MFAA arbitration award even if the arbitration award exceeds the small-claims jurisdictional limit.  Crowley represented Giorgianni in a family law proceeding.  Giorgianni paid Crowley all but $11,000 of his fees and requested fee arbitration under the Mandatory […]

Tags: ,
Categories: Legal Updates

June 2, 2009

Fagelbaum & Heller LLP v. Smylie (2009) 174 Cal.App.4th 1351

Posted by: jab | Share | Comments Off on Fagelbaum & Heller LLP v. Smylie (2009) 174 Cal.App.4th 1351

Download Publication The Second District holds that a client waived his right to MFAA arbitration by requesting affirmative relief for malpractice in a related dispute.  Fagelbaum & Heller represented Robert Smylie pursuant to agreements for legal services.  Smylie failed to honor his agreement to give Fagelbaum & Heller rent credit on a shared office suite […]

Tags: ,
Categories: Legal Updates

January 26, 2009

Schatz v. Allen Matkins Leck Gamble & Mallory LLP (2009) 45 Cal.4th 557

Posted by: jab | Share | Comments Off on Schatz v. Allen Matkins Leck Gamble & Mallory LLP (2009) 45 Cal.4th 557

Download Publication The Supreme Court holds that binding contractual arbitration can follow non-binding arbitration under the Mandatory Fee Arbitration Act.   Richard A.  Schatz retained Allen Matkins Leck Gamble & Mallory (Allen Matkins) to represent him.  The agreement contained a binding arbitration provision that included attorney fee disputes. After a dispute arose Schatz invoked the Mandatory […]

Tags: ,
Categories: Legal Updates

April 24, 2008

Loeb v. Record (2008) 162 Cal.App.4th 431

Posted by: jab | Share | Comments Off on Loeb v. Record (2008) 162 Cal.App.4th 431

Download Publication The Fifth District holds that a client cannot contest an award under the Mandatory Fee Arbitration Act (MFAA) by filing an objection to the attorney’s lien in the underlying litigation.  Under the MFAA an attorney cannot secure an award under the act without filing a proper petition to confirm an award. David Edwards […]

Tags:
Categories: Legal Updates

February 14, 2007

Ervin, Cohen & Jessup, LLP v. Kassel (2007) 147 Cal.App.4th 821

Posted by: jab | Share | Comments Off on Ervin, Cohen & Jessup, LLP v. Kassel (2007) 147 Cal.App.4th 821

Download Publication The Second District holds that a pre-dispute binding fee arbitration provision may be enforced if the client waives his or her rights under the Mandatory Fee Arbitration Act. Steven H.  Kassel retained Ervin, Cohen & Jessup to represent him pursuant to a written agreement containing a binding fee arbitration provision.  When a fee […]

Tags:
Categories: Legal Updates

July 11, 2005

Maynard v. Brandon (2005) 36 Cal.4th 364

Posted by: jab | Share | Comments Off on Maynard v. Brandon (2005) 36 Cal.4th 364

Download Publication The California Supreme Court holds that discretionary relief under Code of Civil Procedure§473(b) is not available to a party who files an untimely request for a trial following an arbitration conducted pursuant to the Mandatory Fee Arbitration Act, Business and Professions Code §6200. Attorney James Maynard sued defendants Louise Brandon, Frederick Saylor, Lakoo […]

Tags:
Categories: Legal Updates

May 27, 2005

Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076

Posted by: jab | Share | Comments Off on Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076

Download Publication The Sixth District excuses compliance with the notice provisions of the Mandatory Fee Arbitration Act when the client waives its provisions by failing to invoke the Act in a timely manner. The Law Offices of Dixon R. Howell filed a complaint for breach of written contract against Michael W.  Valley on an unsecured promissory […]

Tags:
Categories: Legal Updates

May 17, 2005

Corell v. The Law Firm of Fox & Fox (2005) 129 Cal.App.4th 531

Posted by: jab | Share | Comments Off on Corell v. The Law Firm of Fox & Fox (2005) 129 Cal.App.4th 531

Download Publication The Second Appellate District, in line with established authority, holds that abandonment of a request for trial de novo renders a prior arbitration award final and binding. Corell retained Fox & Fox (“Fox”) to represent her in a marital dissolution.  Fox’s retainer agreement provided for arbitration of disputes with regard to services and […]

Tags:
Categories: Legal Updates