Wasserman, Comden, Casselman & Esensten, LLP v. Patel
Rakesh (Ray) Patel, Thakor I. Patel and Kusum T. Patel appeal from the judgment confirming an arbitration award resolving an attorney fee dispute in favor of the Patels’ former counsel Wasserman, Comden, Casselman & Esensten LLP (WCCE). The Patels contend the award of approximately $4.8 million, plus attorney fees and costs of another $200,000, should have been vacated because (1) the arbitrators failed to disclose their service as neutrals in cases involving the law firm with which counsel for WCCE was associated as “of counsel†in violation of Code of Civil Procedure section 1281.9 and the California Rules of Court, Ethics Standards for Neutral Arbitrators in Contractual Arbitration, and (2) the arbitrators exceeded their powers by issuing an award that violates the public policy set forth in rule 3-300 of the Rules of Professional Conduct. We affirm.
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