Odenwald

FACTS

Anthony Odenwald claims he was injured when he tripped and fell over a defect in the public sidewalk in front of the First Presbyterian Church of Templeton (Church). Odenwald retained Roger Frederickson and Frederickson Hamilton, LLP (collectively Frederickson) to represent him in an action to recover damages for his injuries. The retainer agreement contained a provision requiring arbitration of any dispute between Frederickson and Odenwald. Frederickson filed an action against the Church.2 The Church’s answer to the complaint alleged defenses of comparative negligence, acts of others, and several liability for non-economic damages. (Civ. Code, § 1431.2.) Frederickson also submitted a government tort claim to the County of San Luis Obispo (County). The County denied the claim, but Frederickson never filed an action against the County. The statute of limitations for an action against the County expired. Odenwald obtained a new attorney to continue the action against the Church and to file a malpractice action against Frederickson for failure to sue the County. Motion to Compel Arbitration Frederickson responded to the malpractice action with a motion to compel arbitration.…