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Date: 06-28-2022
Case Style:
Eiman Shekarchi, et al. v. Joseph S. Fischbach, et al.
Case Number: B311989
Judge: Harutunian
Court: California Court of Appeals, Second District, Eighth Division on appeal from the Superior Court, Los Angeles County
Plaintiff's Attorney:
Defendant's Attorney: Mark Schaeffer and Marshall R. Cole
Description: Los Angeles, California personal injury lawyers represented Plaintiff, who sued Defendants on professional negligence theories.
Eiman Shekarchi and April Heidarian (respondents) signed a retainer agreement with the law firm of Fischbach &Fischbach. Respondents subsequently filed suit against Fischbach &Fischbach and partner Joseph S. Fischbach (appellants) alleging legal malpractice. Appellants moved to compel arbitration based on an arbitration clause in the parties' retainer agreement. The trial court credited respondent's version of the facts and denied the motion, finding that respondents met their burden of establishing that the agreement was unconscionable. Appellants appeal, contending that the parties' valid arbitration agreement was not revocable due to procedural or substantive unconscionability.
Outcome: "We find substantial evidence of unconscionability and affirm." Shekarchi v. Fischbach (Cal. App. 2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: