Villa
Villa v. Alessi & Koenig CA2/4
Opinion
Opinion
Manella, J.
INTRODUCTION
Appellants Alessi & Koenig, LLC, Thomas J. Bayard, David A. Alessi and Robert A. Koenig appeal from an order denying their petition to compel respondent Aurelia A. Villa to arbitrate her legal malpractice claim against them. The trial court denied the petition because appellants failed to produce a fully signed copy of the retainer agreement containing the arbitration clause. On appeal, appellants contend they met their burden of showing the existence of an arbitration agreement. Although we agree that appellants met their initial burden of proof on that issue, we conclude the petition to compel arbitration was properly denied. The entire retainer agreement was subject to rescission for failure to comply with 1 Business and Professions Code section 6148, which required appellants to provide respondent with a fully signed copy of the retainer agreement. Because the evidence in the record showed appellants failed to do so, the entire agreement was voidable, and respondent has elected to void the agreement. Accordingly, we affirm the trial court’s order denying the petition to compel contractual arbitration.