Modification: Aronow v. Superior Court (Emergent LLP)

GERALD ARONOW,

Petitioner,

v.

THE SUPERIOR COURT OF SAN FRANCISCO COUNTY,

Respondent;

EMERGENT, LLP et al.,

Real Parties in Interest.

No. A162662

(San Francisco County

Super. Ct. No. CGC-19-579853)

California Courts of Appeal

First Appellate District

Division Four

Filed April 22, 2022

ORDER MODIFYING OPINION

[NO CHANGE IN JUDGMENT]

Trial Judge: Hon. Ethan P. Schulman

Counsel: Law Offices of Paul J. Steiner, Paul J. Steiner; Gary S. Garfinkle, Maria J. Garfinkle, for Petitioner

No appearance for Respondent.

Murphy, Pearson, Bradley & Feeney, Harlan B. Watkins, Geoffrey T. Macbride, for Real Parties in Interest

THE COURT:

It is ordered that the opinion filed March 28, 2022, be modified as follows:

On page 24 of the opinion, following the paragraph continued from the previous page that ends with "Emergent's fears about waiving its right to arbitrate are unfounded," insert as footnote number 7 the following text:

We agree with Aronow that the ability of a litigant's attorney to pay for arbitration costs is not relevant. (See Isrin v. Superior Court (1965) 63 Cal.2d 153, 165 [right to proceed in forma pauperis in appropriate cases may not be denied on ground that counsel for indigent litigant is representing litigant pursuant to a contingent fee contract].)

This modification does not change the judgment.

The petition for rehearing is denied.

Streeter, Acting P.J.