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P0833 Although an attorney suing a client for a fee failed to give the client notice of the right to arbitration as required by statute, the client waived arbitration by participating in the litigation for fifteen months, engaging in conduct inconsistent with arbitration, invoking litigation machinery resulting in lengthy delay, taking steps falling just short of trial itself, and causing prejudice to the attorneys, so a trial court's refusal to acknowledge and exercise its discretion to overrule the client's demurrer and grant judgment to the attorney was an abuse of discretion.CitationLAW OFFICES OF HOWELL v VALLEY (Arbitration Notice) 129 CA4 1076 [See: B&PC 6201; Richards v King 39 CA4 1176, T/AT 12/95; Saint Agnes v PacifiCare 31 C4 1187, P/AT 1/04]
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