Weiler v. Marcus & Millichap Real Estate Services Is A Case In Which The Party's Ability To Pay Arbitration Fees Must Be Taken Into Account.
Weiler v. Marcus & Millichap Real Estate Investment Services, Inc., G053953 (4th Dist. Div. 3 April 30, 2018) (published) is the subject of a May 1, 2018 post by blawg co-contributor Marc in California Mediation and Arbitration. The Court of Appeal requires the superior court to consider the plaintiff's ability to pay arbitration fees, and to determine whether defendant will agree to pay the fees, or whether the case should proceed to superior court. "Though the law has great respect for the enforcement of valid arbitration provisions," writes Justice Thompson, "in some situations those interests must cede to an even greater, unwavering interest on which our country was founded -- justice for all."