08/04/2005
Trial Court May Dismiss Attorney Fee Action if Attorney Fails to Notify Client of Right to Arbitrate but Client May Waive Arbitration
Law Offices of Dixon R. Howell v. Michael W. Valley
120 Cal. App. 4th 1076, 29 Cal. Rptr.3d 499 (6th Dist. 2005)
120 Cal. App. 4th 1076, 29 Cal. Rptr.3d 499 (6th Dist. 2005)
Brief Summary
On its facts, this was certainly a good case for the court to find waiver by inconsistent conduct. Nonetheless, it is not immediately obvious why the court was willing to make dismissal discretionary in spite of the use of the word "shall" in the statute. Perhaps this case stands in part for the proposition that even ostensibly unambiguous terms in a statute can become ambiguous if looked at from the right point of view.
Hinshaws Lawyers for the ProfessionSM Alert can also be viewed at http://www.lawyeringlaw.com.
