California Court of Appeal

In plaintiffs' suit against defendant-former attorneys for defendants attempt to declare plaintiffs incompetent in the underlying suit, the alleged inadequacy of the settlement, and other conduct, the trial court's order denying plaintiffs' request to have defendants to advance the entire upfront cost of the arbitration forum they have insisted upon utilizing, is reversed and remanded to the trial court with directions to: 1) calculate the reasonable cost of the arbitration previously ordered; 2) determine whether any of these plaintiffs are financially able to pay their anticipated share of that cost; and 3) if any of them are unable to do so, issue an order specifying that defendants have the option of either paying that plaintiff's share of the cost of the arbitration, or waiving its right to arbitrate that plaintiff's case and allowing the case to proceed in court.

Appellate Information

• Decided 08/27/2013
• Published 08/27/2013

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel