Fuchs & Associates v. Lesso CA2/2

BACKGROUND

Lesso retained Fuchs as her attorneys in a marital dissolution action against Piotrek Andrzejewski and in various related lawsuits. Lesso and Fuchs executed two identical retainer agreements that provided for binding arbitration of “[a]ny controversy between the parties regarding the construction, application or performance of any services under this Agreement” and that required the parties to bear their own legal fees and costs in connection with any such arbitration “[e]xcept as otherwise provided herein, the parties shall bear their own legal fees and costs for any such arbitration.” The retainer agreements between Lesso and Fuchs also contained the following attorney fees provision: “ATTORNEYS’ FEE CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Fee Agreement, with the exception of a fee arbitration or mediation under Business & Professions Code Sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.”

A dispute arose between the parties regarding unpaid fees purportedly owed by Lesso to Fuchs.…