Fuchs & Associates v. Lesso CA2/2

Filed 5/29/13 Fuchs & Associates v. Lesso CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

FUCHS & ASSOCIATES, INC., B241384

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC441602) v.

ELKE LESSO,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. John Segal, Judge. Affirmed.

Fuchs & Associates, Inc., John R. Fuchs and Gail S. Gilfillan for Plaintiff and Appellant.

Law Office of Thomas H. Edwards and Thomas H. Edwards for Defendant and Respondent.

Plaintiff and appellant Fuchs & Associates, Inc. (Fuchs) appeals from an order awarding $21,125 in attorney fees to defendant and respondent Elke Lesso (Lesso) as the prevailing party in a dispute concerning unpaid legal fees. Judgment was entered in Lesso’s favor following an arbitration proceeding initiated by Fuchs in which the arbitrator concluded that Fuchs was not entitled to any fees, costs, or damages.1 We affirm the trial court’s order. BACKGROUND Lesso retained Fuchs as her attorneys in a marital dissolution action against Piotrek Andrzejewski and in various related lawsuits. Lesso and Fuchs executed two identical retainer agreements that provided for binding arbitration of “[a]ny controversy between the parties regarding the construction, application or performance of any services under this Agreement” and that required the parties to bear their own legal fees and costs in connection with any such arbitration “[e]xcept as otherwise provided herein, the parties shall bear their own legal fees and costs for any such arbitration.” The retainer agreements between Lesso and Fuchs also contained the following attorney fees provision: “ATTORNEYS’ FEE CLAUSE. The prevailing party in any action or proceeding arising out of or to enforce any provision of this Fee Agreement, with the exception of a fee arbitration or mediation under Business & Professions Code Sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.”