Case Number:
20STCV43938
Hearing Date:
January 21, 2021
Dept:
76
Plaintiff retained Defendant for provision of legal services. Plaintiff seeks declaratory relief that the non-contingent fee agreement does not comply with Business and Professions Code § 6148(a)(3), and that Plaintiff has a right to void the agreement, resulting in the arbitration provision of the non-contingent fee agreement being unenforceable and non-binding on Plaintiff.
Defendant moves for an order staying this action pending binding arbitration.
TENTATIVE RULING
Because Plaintiff has refused to participate in the arbitration, and there is no court order that Plaintiff participate in the arbitration, it appears that the appropriate motion is one to compel Plaintiff to arbitrate his declaratory relief claim. In this regard, the Court is continuing the hearing to permit the parties to brief this as a motion to compel arbitration. The hearing is CONTINUED to March 12, 2021
Hearing Date
January 21, 2021
Type
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
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Case Number:
20STCV43938
Hearing Date:
January 21, 2021
Dept:
76
Plaintiff retained Defendant for provision of legal services. Plaintiff seeks declaratory relief that the non-contingent fee agreement does not comply with Business and Professions Code § 6148(a)(3), and that Plaintiff has a right to void the agreement, resulting in the arbitration provision of the non-contingent fee agreement being unenforceable and non-binding on Plaintiff.
Defendant moves for an order staying this action pending binding arbitration.
TENTATIVE RULING
Because Plaintiff has refused to participate in the arbitration, and there is no court order that Plaintiff participate in the arbitration, it appears that the appropriate motion is one to compel Plaintiff to arbitrate his declaratory relief claim. In this regard, the Court is continuing the hearing to permit the parties to brief this as a motion to compel arbitration. The hearing is CONTINUED to March 12, 2021