Fourth District, Division Three Dismisses Clients’ Appeal.
Clients filed a petition for attorney’s fee arbitration pursuant to Business and Professions Code section 6200 et seq. They won, with their Former Attorney ordered to return $150,000 in fees and $3,524 in attorney’s fees. Former Attorney was not happy and petitioned to vacate the award, with Clients petitioning to confirm the award. Attorney won through a March 15, 2005 order vacating the award and denying Clients’ motion to confirm the award. Cross-actions were filed by both in court, with the court finding in Fall 2007 for Former Attorney and Clients on their respective pleadings—with no compensation awarded to either party.
Clients appealed on December 10, 2007, claiming the trial court had no subject matter jurisdiction to hear the complaint and requested remand for the confirmation of the original fee arbitration award in their favor, plus attorney’s fees on appeal.
In Stull v. Garcia, Case No. G039673 (4th Dist., Div. 3 Dec. 1, 2008) (unpublished), Acting Presiding Justice Moore—on behalf of a 3-0 panel—dismissed Clients’ appeal. Clients’ jurisdictional argument was a “spin” on attacking the order by which the petition to vacate was granted. However, this March 2005 order was expressly appealable (Code Civ. Proc., § 1294(c)), with Clients having 180 days to appeal. Their appeal in December 2007 was way too late, so dismissal of it was required.