(Download) "Aguilar V. Lerner" by In the Supreme Court of California ~ Book PDF Kindle ePub Free
eBook details
- Title: Aguilar V. Lerner
- Author : In the Supreme Court of California
- Release Date : January 22, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
When plaintiff Raul V. Aguilar hired defendant Esther R. Lerner to represent him in a marital dissolution matter, he signed a written retainer agreement that included an agreement to arbitrate any dispute "concerning fees . . . or any other claim relating to [plaintiff's] legal matter which arises out of [plaintiff's] legal representation." Such an agreement normally would be enforceable under the California Arbitration Act (CAA). (Code Civ. Proc., § 1280 et seq.) A dispute arose, and plaintiff now contends this arbitration agreement is invalid, specifically as to defendant's claim for attorney fees and costs, and possibly in its entirety, because the agreement contravenes his rights pursuant to the mandatory fee arbitration act set forth in Business and Professions Code section 6200 et seq. (hereafter the MFAA). (All statutory references are to this code unless otherwise stated.) Were the arbitration agreement found to be invalid in its entirety, he claims, he would be entitled to avoid arbitration altogether and litigate in a jury trial both his malpractice claims and defendant's cross-claim for attorney fees and costs. The Court of Appeal found plaintiff was judicially estopped from raising these arguments; alternatively, defendant claims plaintiff waived them by filing a lawsuit against her for professional malpractice.
 "Aguilar V. Lerner" by In the Supreme Court of California ~ Book PDF Kindle ePub Free){kind=link}