Aguilar

Certified for Partial Publication [*]

Plaintiff/appellant Raul V. Aguilar appeals a judgment confirming an arbitration award in favor of defendant/respondent Esther R. Lerner. He contends the arbitration clause in their professional legal services contract was statutorily unenforceable; the arbitration was beyond the scope of the contract's arbitration clause; and the award of attorney fees and costs to respondent was improper.

On November 30, 1994, appellant and respondent, an attorney, entered into a written fee agreement whereby she would represent him in an action for dissolution of marriage. Paragraph seven of the agreement (hereafter arbitration clause) states:

"In the event that there is any disagreement between the CLIENT and ATTORNEY concerning fees, this Agreement or any other claim relating to CLIENT's legal matter, CLIENT hereby agrees to submit such dispute to binding arbitration under the rules of the San Francisco Bar Association and the Code of Civil Procedure of the State of California. The prevailing party shall be entitled to reasonable attorney's fees and costs incurred in enforcing any arbitration award or engaging in any court…