Judge: Elaine W. Mandel, Case: 24SMCV01101, Date: 2024-09-13 Tentative Ruling

Case Number: 24SMCV01101    Hearing Date: September 13, 2024    Dept: P

Tentative Ruling

George M. Halimi v. Gul Jaisinghani, Case No. 24SMCV01101

Hearing Date: September 13, 2024

Defendant Jaisinghani’s Motion to Dismiss

Attorney plaintiff Halimi filed a breach of contract claim against former client defendant Jaisinghani, alleging failure to pay $324,000 in legal services provided. Defendant Jaisinghani moves for the dismissal of the complaint under Business and Professions Code § 6201(a).

Jaisinghani contends dismissal is mandatory as he was not given written notice under Business and Professions Code §6201(a). The Code requires dismissing the action for failure to provide written notice to the client before or when serving a summons or starting any legal action for fees or costs under a contract. Bus. & Prof. Code § 6201(a).

The court order for service of summons to be made by publication was on May 15, 2024. See 05/15/24 Minute Order.

Per the parties’ fee agreement, if a dispute arose regarding attorney’s fees or costs, and the attorney files suit, the client has a right to arbitrate. Opp., Exh. 1. Plaintiff Halimi provides evidence that defendant Jaisinghani’s counsel exercised his client’s right to arbitrate the fee agreement. Id. Exh. 2. The matter should be arbitrated, per the fee agreement and Jaisinghani’s exercise of his right to arbitrate. Dismissal would not be proper, as defendant exercised his arbitration rights under the contract. The motion is MOOT.