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California Court of Appeal


Fagelbaum & Heller LLP v. Smylie, B205181

In an appeal from a judgment confirming an arbitration award that resolved a dispute over legal fees, the judgment is affirmed where plaintiff waived his right to mandatory fee arbitration by requesting affirmative relief in his cross-demand before the American Arbitration Association.

Appellate Information

  • Decided 06/16/2009
  • Published 06/16/2009

Judges

  • BAUER, J.*

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Robert Smylie & Associates, Los Angeles, James A. Moss;  Esner, Chang & Ellis, Stuart B. Esner, Los Angeles, and Gregory R. Ellis, for Defendant and Appellant., Nemecek & Cole, Frank W. Nemecek, Sherman Oaks, Mark Schaeffer, and Joel Gluzman, for Plaintiff and Respondent.
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