Harari v. Hecht
In the underlying action, appellant Rachel Harari, a beneficiary of the Hecht Family Trust (the Trust), moved to set aside an order of the probate court affirming a binding mediation, which purported to resolve all disputes between appellant and the trustee, Abe Hecht, who is appellants brother and the respondent in this action. The basis for appellants motion was that her former attorneys failed to obtain her consent before agreeing to participate in the binding mediation. Appellant learned of her attorneys alleged misfeasance on the day of the mediation, more than one month before the court entered the order, but did not bring this issue to the attention of the court or respondent, and waited three and a half years after entry of the order before moving to vacate. The court denied appellants motion to vacate on the grounds that (1) the motion was untimely; (2) appellant failed to establish extrinsic fraud; and (3) appellant had been compensated for any damage suffered in a prior proceeding in which she sued her former attorneys. Court agree that appellant failed to seek relief in a timely and diligent manner after learning of the alleged misfeasance. Accordingly, Court affirm.
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