Foster

INTRODUCTION

Matthew Foster sued his former attorneys, Madison Harbor, ALC, Robert Sabahat, and Ali Parvaneh (collectively, Madison), for legal malpractice. Madison filed a motion to compel arbitration, which the trial court denied. We affirm the denial of the motion to compel arbitration. First, Madison failed to meet its initial burden to offer evidence establishing the existence of a valid arbitration agreement covering the controversy at issue in the malpractice action. Second, substantial evidence supported the trial court’s finding that Madison waived its right to arbitrate by delay and participation in the litigation process. Madison’s appeal from the trial court’s order denying the motion to compel arbitration was objectively and subjectively without merit, and we grant Foster’s request for sanctions. The trial court shall determine the amount of sanctions to be awarded, and whether those sanctions should be awarded against Madison, its counsel, or both.

STATEMENT OF FACTS AND

PROCEDURAL HISTORY

Foster was injured on the job in April 2006, while installing an elevator. He hired Madison to represent him in an action against the general contractor—Hathaway Dinwiddie…