Nemecek & Cole's Newest Published Opinion

Nemecek & Cole had another resounding success and continues to create cutting-edge law, in the published decision: Hofer v. Boladian (May 9, 2025) B339542. In the case, the parties’ contracts required that any dispute be resolved by binding arbitration. Nonetheless, Hofer filed a lawsuit against Boladian and litigated the case for several months, before asking the trial court to compel arbitration. Boladian opposed the motion on the ground that Hofer waived the right to arbitration by choosing the trial court as the tribunal for his dispute and invoking the litigation machinery. The trial court agreed with Boladian that Hofer waived the right to arbitration. In its unanimous decision, the Court of Appeal agreed with the trial court and Nemecek & Cole, finding that the record on appeal contained clear and convincing evidence that Hofer waived any right to compel arbitration.