Rossi, Hamerslough, Reischl & Chuck v. Shah CA6

I. FACTS AND PROCEDURAL BACKGROUND1

A. Facts In January 2019, Shah retained Rossi to represent her in a dispute, Talkad et al. v. Shah et al. (San Francisco County Super. Court Case No. CGC-18-563635) (Talkad case), arising out of the sale of property in San Francisco. Shah and Rossi entered into an attorney-client fee agreement (agreement). The agreement contained a binding arbitration provision, which included language allowing the parties to elect to pursue arbitration pursuant to the Mandatory Fee Arbitration Act (MFAA) for any dispute over legal fees, charges, costs, or expenses. In relevant part, the agreement states: “in a dispute subject to the jurisdiction of the State of California over legal fees, charges, costs or expenses, client has the right to elect arbitration pursuant to the fee-arbitration procedures of the State Bar of California, as set forth in California Business and Professions Code §[ ]6200 (the Mandatory Fee Arbitration Act [MFAA]). [¶] Those procedures permit a trial after MFAA arbitration, unless the parties agree in writing, after the dispute has arisen, to be bound by the arbitration award. [¶] If, after receiving a notice of client’s right to…