Milder

Milder v. Holley CA2/5

Good Law
Court of Appeal of CaliforniaDecember 16, 2021B299122California4,347 words

Opinion

Opinion

Baker, J.

I. BACKGROUND

A. Engagement and Initial Demand for Arbitration Plaintiff hired defendants to represent him in a criminal matter in 2011. Plaintiff and defendants executed a retainer agreement that included provisions to govern resolution of disputes, should they arise, between the parties to the agreement. The dispute resolution section, set forth beneath an underlined heading, “Arbitration,” states “it is always possible that some dispute may arise which cannot be resolved by discussion between us. We believe that such disputes can be resolved more expeditiously and with less expense to all concerned by binding arbitration than by court action.” Following a brief, general description of arbitration, the agreement states that “[a]rbitration usually results in a decision

2 much more quickly than proceedings in court, and the attorneys’ fees and other costs incurred by both sides are usually substantially less.” The agreement further provides, in bold type: “By signing this letter, you agree that, in the event of any dispute arising out of or relating to this agreement, our relationship, or the services performed . . . , such dispute shall be resolved by submission to binding…

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