Opinion

Aguilar v. Lerner

  • 12 Cal. Rptr. 3d 287
  • 32 Cal. 4th 974
  • 2004 Daily Journal DAR 4897
  • 88 P.3d 24
  • 2004 Cal. Daily Op. Serv. 3476
Court
California Supreme Court
Filed
Apr 22, 2004
Status
Published
Author
Moreno
On the bench
Werdegar, Chin, Moreno
Cited by
155 cases
Authority
More cited than 11.1%

explaining that the detailed statutory scheme points towards resolving 24 disputes through arbitration

How later courts described this case

  • explaining that the detailed statutory scheme points towards resolving 24 disputes through arbitration
  • conc. opn. of Chin, 1

Written by the judges who cited it.

The opinion

MORENO, J., Concurring.

I concur in the judgment. I agree with Justice Chin that the issue here is less one of waiver than of the relationship between the mandatory fee arbitration act, Business and Professions Code section 6200 et seq. (MFAA), and the California Arbitration Act (CAA). (Code Civ. Proc., § 1280 et seq.) I further agree with Justice Chin that there is no incompatibility between the two arbitration acts, at least not in this case. But as the majority correctly points out, plaintiff and defendant entered into the arbitration agreement in 1994, and we have no occasion to consider the meaning of the 1996 amendments to the MFAA. (Maj. opn., ante, at p. 990, fn. 8, citing Stats. 1996, ch. 1104, §§ 12-18.) One of those amendments changed Business and Professions Code section 6204, subdivision (a), to provide that an MFAA arbitration can only be made legally binding “after the dispute over fees, costs, or both, has arisen.” (Stats. 1996, ch. 1104, § 16.) At least one court has held that this amendment, among other things, evinces a legislative intent to preclude binding predispute agreements to arbitrate legal fees under the CAA. (Alternative Systems, Inc. v. Carey (1998) 67 Cal.App.4th 1034, 1042-1044 [ 79 Cal.Rptr.2d 567 ].)

Unlike Justice Chin, I express no opinion about whether Alternative Systems was correctly decided vis-á-vis post-1996 arbitration agreements, *994 which are not at issue in this case. I agree with the majority that a client may waive the right to challenge a CAA arbitration if he or she declines to undergo an MFAA arbitration but instead elects, after being properly notified of his or her MFAA rights, to participate in a CAA arbitration. (Maj. opn., ante, at p. 988.) But I do not understand the majority opinion to be deciding whether post-1996 predispute CAA agreements to arbitrate legal fees may be enforced, consistent with the MFAA, without the client’s consent. I also express no opinion about whether a state statute that precludes binding predispute arbitration agreements of legal fees would be preempted by the Federal Arbitration Act. (See maj. opn., ante, at p. 990, fn. 8.)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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