Facts

In September 2018, plaintiff Ronald Minkin hired defendants Brian McSweeny and Anderlini and McSweeney, LP to represent plaintiff in a trust dispute. After defendants' successful conclusion of a highly contested proceeding with a substantial recovery for plaintiff, plaintiff filed this lawsuit against defendants claiming breach of contract in relation to the final billing of law firm.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants failed to communicate to plaintiff about its billing practices and exceeded its billing estimates to plaintiff. Plaintiff contended that defendants were also fraudulent because they exceeded billing estimates represented to plaintiff without approval, causing plaintiff damages.

DEFENDANTS' CONTENTIONS: Defendants contended that plaintiff's breach of contract cause of action failed because plaintiff failed to allege sufficient facts plausible for a breach of contract claim. Defendants further contended that it had a complete defense to plaintiff's complaint because the parties engaged in fee arbitration pursuant to the San Mateo County Bar Association Fee Arbitration program. The panel from the County Bar Association Fee Arbitration program found that the fees defendants billed to plaintiff were fair and reasonable.

Result

The court sustained defendants' demurrer to plaintiff's breach of contract claim without leave to amend ruling that the court's order confirming the arbitration award barred plaintiff's lawsuit.