McDade v. Ash
Trude Lee Ash (Ash) appeals a declaratory judgment in favor of respondent Shereen McDade (McDade). The trial court ruled that the lien Ash filed against McDades judgment in an underlying action was extinguished when McDade dismissed the action and proceeded in arbitration. According to Ash, the trial court erred because the lien attached to the underlying action and remained valid because the dismissal violated Code of Civil Procedure section 708.440; California should adopt a rule that when an action is dismissed after being sent to arbitration, the lien attaches to the arbitration; and McDade was barred from obtaining a declaration in her favor by the doctrines of waiver and estoppel. Court find no error and affirm.
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