Bagby v. Superior Court CA2/4
Petitioner Douglas Bagby brought a legal malpractice action against his former attorney, real party in interest Joseph Davis, arising from Davis’ representation of Bagby in a tort action. The parties disagreed whether their contingent fee agreement was subject to arbitration. After Davis failed to respond to the complaint, Bagby requested entry of Davis’ default. Davis sought and received relief from default. (Code Civ. Proc., § 473, subd. (b).) Davis also successfully petitioned to compel arbitration of the malpractice action.
Bagby petitioned this court for a writ of mandate. We issued an alternative writ ordering the trial court to either (1) vacate its orders granting Davis’ relief from default and his petition to compel arbitration, and enter new and different orders, or (2) show cause why this court should not issue a peremptory writ of mandate ordering the trial court to do so on the ground that Bagby had demonstrated his entitlement to relief.
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