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Litigation

May 11, 2013

Appellate court may keep suit against mortgage-modification lawyer alive

An allegedly one-sided fee-shifting provision in a retainer agreement may keep a potential class action against a mortgage loan modification attorney in court.


By Don J. DeBenedictis


Daily Journal Staff Writer


Giving a boost to a class of homeowners suing an Orange County mortgage-modification lawyer, the 4th District Court of Appeal appears to have questioned an unusual arbitration clause in the attorney's retainer agreement.


In an order earlier this month, the Santa Ana-based appellate court granted an alternative writ of mandate telling Orange County Superior Court Judge Gail Andler either to ...

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