Schapiro-Thorn Inc. v. Mitchell CA1/3

Background Schapiro-Thorn, in the person of Suzie Thorn, represented Mitchell in marriage dissolution proceedings and, in December 2009, brought an action against him to collect $197,728.55 of attorney fees and costs. In February 2010 Mitchell answered the complaint and filed a cross-complaint against the law firm alleging negligence, breach of contract and fraud.1 On May 11, 2010, pursuant Schapiro-Thorn’s unopposed motion, the court ordered the parties to arbitrate their dispute in accordance with the arbitration provision in their fee agreement,2 and stayed the judicial proceedings pending the outcome of the arbitration. The arbitration provision required each party to select a “party arbitrator” who, in turn, would select a “neutral arbitrator.” Schapiro-Thorn selected Honorable Harry Low (ret.) as its party arbitrator on May 24, 2010. Mitchell initially refused to select his arbitrator and, in October, Schapiro-Thorn moved for an order compelling him to do so. The court granted this motion on November 4, 2010, and on November 15, 2010, the last date permitted by the court’s order, Mitchell selected attorney Herman C. Meyer as his

1 Schapiro-Thorn has contended that it was…