Coblentz Patch Duffy & Bass, LLP v. Fair CA1/2
Defendant and cross-complainant R. Thomas Fair appeals from the trial court order denying his motion to stay judicial foreclosure by plaintiff law firm Coblentz Patch Duffy & Bass and to compel Coblentz to arbitrate the matter. The trial court found Fair waived his right to arbitrate by entering into a settlement agreement with Coblentz and that Fair’s assent to the general releases and waiver of Civil Code section 1542 contained therein was “voluntary, knowing and intelligent.” Fair contends on appeal that arbitration provisions of his two engagement agreements with Coblentz required it to provide him written notice of his right to arbitrate. He contends he was fraudulently induced to sign the settlement agreement by the failure of Coblentz to provide separate written notice of his right to arbitrate when their fee dispute arose and by the law firm’s failure to make complete disclosures of facts concerning its potential malpractice.
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