Also, Clues Offered on Unlawful Retainer Agreement Arbitration Clauses.
Weissman Wolff et al. v. Singh, Case No. B240550 (2d Dist., Div. 7 May 28, 2013) (unpublished) is a longstanding--if not long running--dispute between an ex-client and ex-attorneys. It teaches two lessons:
1. One, from an earlier appeal, is that a retainer agreement cannot have a binding arbitration clause that kicks in before a dispute arises, namely, binding arbitration under local county bar rules, versus a binding fee arbitration under the California Arbitration Act which is enforceable (Schatz v. Allen Matkins et al, 45 Cal.4th 557, 564-565 (2009)); and
2. A superior court order remanding a matter for arbitration rehearing is not final and appealable (Code Civ. Proc., § 1294(c)), which required dismissal of an appeal of an order denying a party’s request for fees in connection with a prior appeal when a rehearing was indeed ordered.