Weiler

*973 INTRODUCTION

Plaintiff Rae Weiler seeks a declaration and order from the superior court that defendants Marcus & Millichap Real Estate Investment Services, Inc., et al., must either (1) pay plaintiff's share of the costs in the previously ordered arbitration, or (2) waive their contractual right to arbitrate the underlying claims and allow them to be tried in the superior court. We conclude, based primarily on Roldan v. Callahan & Blaine (2013) 219 Cal.App.4th 87 , 161 Cal.Rptr.3d 493 ( Roldan ), plaintiff may be entitled to the relief she seeks.

Plaintiff and her husband allegedly lost more than $2 million at the hands of defendants-the basis for her underlying breach of fiduciary duty, negligence and elder *158 abuse claims. After being ordered to arbitration and pursuing her claims in that forum for years, plaintiff asserted she could no longer afford to arbitrate. According to plaintiff, if she must remain in arbitration and pay half of the arbitration costs-upwards of $100,000-she will be unable to pursue her claims at all.

Plaintiff initially sought Roldan relief from the arbitrators. But they ruled it was outside their jurisdiction, and they directed her to the…