California Supreme Court Watch

Nov 22, 2016
#16-406 Borisoff v. Pullman Group, S237730. (B259675; nonpublished opinion; Los Angeles County Superior Court; BC454901.)

#16-406 Borisoff v. Pullman Group, S237730. (B259675; nonpublished opinion; Los Angeles County Superior Court; BC454901.) Petition for review after the Court of Appeal reversed the judgment in a civil action. The court ordered briefing deferred pending decision in Sheppard, Mullin, Richter & Hampton, LLP v. J-M Manufacturing Co., Inc., S232946. (#16-130), which presents the following issues: (1) May a court rely on non-legislative expressions of public policy to overturn an arbitration award on illegality grounds? (2) Can a sophisticated consumer of legal services, represented by counsel, give its informed consent to an advance waiver of conflicts of interest? (3) Does a conflict of interest that undisputedly caused no damage to the client and did not affect the value or quality of an attorney’s work automatically (i) require the attorney to disgorge all previously paid fees, and (ii) preclude the attorney from recovering the reasonable value of the unpaid work?

Review granted/briefing deferred: 11/22/16

See California Court of Appeal opinion