City of Santa Monica v. Baron & Budd
In May 2004, the City of Santa Monica (the City) sued Baron & Budd, P.C.; Miller, Sher & Sawyer; Miller & Sawyer; Miller, Axline & Sawyer; Sher Leff, LLP; Cooper & Scully, P.C.; Frederick M. Baron; Scott Summy; Victor M. Sher; Duane C. Miller; and A. Curtis Sawyer, Jr. (the Lawyers), regarding a fee agreement executed in 2000. In October 2005, after litigating this case for 17 months, including moving for summary adjudication of the Lawyers cross-complaints and engaging in extensive discovery, the City moved to compel arbitration of the matter on the ground that the Citys discharge of Cooper & Scully in February 2002 triggered an arbitration provision in the fee agreement. The trial court denied the motion on various grounds, including that the City had waived arbitration. Court agree that the City waived arbitration and affirm.
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