Milder

I. BACKGROUND1

A. Plaintiff’s Demand for Arbitration Plaintiff engaged defendants to represent him in a criminal matter in 2011. Defendants’ retainer agreement included an arbitration provision. The arbitration section of the retainer agreement stated that, subject to exceptions not applicable here, “[t]he prevailing party in any action, arbitration, or proceeding arising out of or to enforce any provision of th[e] [a]greement . . . will be awarded reasonable attorneys’ fees and costs incurred in that action, arbitration, or proceeding, or in the enforcement of any judgment or award rendered.” After Holley moved to be relieved as counsel in the criminal case, plaintiff initiated arbitration proceedings against her. A few months later, plaintiff filed an amended demand for

1 In reciting the pertinent background facts, we draw on this Court’s prior opinions in Milder v. Holley (Jan. 31, 2017, B267974) [nonpub. opn.], Milder v. Holley (Dec. 16, 2021, B298984, B303175) [nonpub. opn.], and Milder v. Holley (Dec. 16, 2021, B299122) [nonpub. opn.].

2 arbitration against both defendants alleging breach of contract, breach of fiduciary duty, fraud, and unfair business practices based…