Marriage of Lejerskar CA4/3
Dan Lejerskar appeals from an order compelling him to pay $63,000 in attorney fees to the attorney who represented his former wife, Eva Lejerskar, in this marital dissolution proceeding. Dan’s primary argument is that because the court had earlier determined the parties had a “valid and enforceable” settlement agreement which included an arbitration clause, the court lacked jurisdiction to award any further relief, including attorney fees, in the case. He is incorrect.
The existence of an enforceable arbitration agreement only means that the parties to that agreement have the option to seek its enforcement, should either choose to do so. However, an arbitration agreement is not self-executing and in the absence of an order enforcing it — and staying further proceedings in the trial court — the agreement has no effect on the court’s jurisdiction to hear and determine issues that fall within its scope.
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