Powers

Powers v. Dickson, Carlson & Campillo

Bad Law
1997 Cal. App. LEXIS 355·54 Cal. App. 4th 1102·63 Cal. Rptr. 2d 261·97 Daily Journal DAR 5736·97 Cal. Daily Op. Serv. 3352
Court of Appeal of CaliforniaMay 5, 1997B092041California4,439 words

Opinion

Opinion

Grignon, J.

Defendants and appellants Dickson, Carlson & Campillo; Maguire, Toghia & Orbach; and Nicholas J. Toghia appeal from the denial of their petition to compel arbitration in this legal malpractice action brought by plaintiffs and respondents Daniel and Fala Powers. We conclude that the arbitration provisions of the initial retainer agreement and its amendment are enforceable and applicable to legal malpractice actions. We reverse and remand for further proceedings.

Facts and Procedural Background

In 1992, the Powers purchased a $2 million luxury home in the Pacific Palisades. They were represented in the negotiations by Attorney Roy Glickman of the law firm of Narvid, Glickman, Scott & Frangie (collectively Glickman). The Powers signed a written purchase agreement with the seller/ developer of the property. This written purchase agreement contained an arbitration provision. After moving into the home, the Powers became aware of construction defects. They retained Attorney Glickman to represent them in connection with the resolution of these construction defect disputes with the seller/developer. In November 1992, Attorney Glickman demanded arbitration on behalf of the…

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