In our June 2, 2009 post, we discussed the then-unpublished decision of Fagelbaum & Heller LLP v. Smylie, Case No. B205181 (2d Dist., Div. 8), where former attorneys of a client reaped a substantial damage award based on breach of an engagement letter, obtained an adjudication that the client had waived MFAA arbitration rights, and obtained over $300,000 in fees and costs for prevailing in a contractual arbitration proceeding.
On June 16, 2009, the Second District ordered the decision published. It is an interesting case on the interplay between MFAA and CAA schemes. Beyond that, the decision can now be cited.