In an unpublished opinion, Milder v. Holley, B267974 (2/5 1/31/17) the Court of Appeal on a gateway issue, found that a judge decides if there was fraud in the inducement to enter into an arbitration agreement in California. ( Citing Johnson v. Siegel (2000) 84 Cal.App.4th 1087, 1095.) This is separate from fraudulent inducement to enter into the contract which happens to contain an arbitration clause. The latter is to be decided by the arbitrator. (Citing Ericksen, Arbuthnot, McCarthy, Kearney & Walsh Inc. v. 100 Oak Street, (1983) 35 Cal.3d 312, 323.) Read more …
In this action Milder sued his former attorney Holley and her law firm Kinsella Weitzman Iser Kump & Aldisert in connection with legal representation. Great Job Mr. Milder for teaching a famous law firm a lesson! See more here, but note that the arbitration award was actually $39,812!https://www.publicjustice.net/celebrity-attorney-faces-fight-over-arbitration-clause-in-retainer/