City of Santa Monica v. Baron & Budd (June 26, 2007, B187425) 2007 WL 1821392 [nonpublished opinion]

The City of Santa Monica sued multiple lawyers and law firms regarding a fee agreement executed in 2000. In October 2005, after litigating for 17 months, including moving for summary adjudication of the Lawyers’ cross-complaints and engaging in extensive discovery, the City moved to compel arbitration of the matter on the ground that the City’s discharge of one law firm in 2002 triggered an arbitration provision in the fee agreement. The trial court denied the motion on various grounds, including that the City had waived arbitration.

On appeal, the Court appeal agreed that the City waived arbitration and affirmed.