Mele & Ros v. Walker CA4/1

BACKGROUND

Mele & Ros sued Walker for declaratory relief, alleging that starting in May 2008,

it represented Walker in her marriage dissolution and in a domestic violence matter. Its

last bill sent to Walker was dated June 2009. In May 2011, Walker and her husband filed

a complaint for arbitration with the San Diego County Bar Association (SDCBA). The

Walkers claimed that Mele & Ros had committed the following tortious acts: double

dipping, false contempt, wire fraud, improper child support garnishment and

unconscionable contract. Mele & Ros filed an objection with the SDCBA, which

declined to suspend arbitration, although it acknowledged it had no jurisdiction to award

affirmative damages or rule on an aspect of the complaint regarding a claim by Walker's

husband, who had no attorney-client relationship with Mele & Ros.

Mele & Ros sought declaratory relief on six grounds: (1) Walker had signed a

retainer agreement with Mele & Ros waiving the right to bring fee disputes beyond

days after she had received a billing statement; (2) Walker's claim was barred under the

All statutory references are to the Business and Professions Code unless otherwise…