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Tag: Attorney Liens

December 22, 2011

Little v. Amber Hotel Company, 2011 WL 6415149

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Download Publication The Second District holds that clients cannot avoid their financial obligations by structuring a settlement that allows them to avoid a contractual lien for attorney fees. Frank Martini and Satanand Sharma (the “Martini parties”) retained James Little to defend an action against them by Amber Hotel Company.  The attorney-fee contract provided Little with […]

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April 26, 2010

Plummer v. Day/Eisenberg (2010) 184 Cal.App.4th 38

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Download Publication  The Fourth District holds that attorneys who attempt to avoid a valid lien asserted by prior counsel can be subject to both conversion and interference with prospective economic advantage claims.  The Court also held that attorneys need not comply with a Rule of Professional Conduct pertaining to taking an interest adverse to a […]

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March 6, 2006

County of Los Angeles v. Construction Laborers Trust Funds for So. Cal. Admin. Co. (2006) 137 Cal.App.4th 410

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Download Publication The Second District holds that an attorney has the right to an equitable lien based on an oral agreement when the parties have acted in reliance that a lien existed. Trust Funds obtained a federal judgment against Mohag Construction Co.  Christian Juarez had a written fee agreement with Mohag to provide services in […]

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June 10, 2004

Fletcher v. Davis (2004) 33 Cal.4th 61

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Download Publication A lien against a client’s future judgment or recovery is an interest adverse to the client and must comport with the informed written consent requirements of Rule 3-300 of the Rules of the Professional Conduct. Pursuant to an oral agreement Master Washer retained Freddie Fletcher in a lease dispute and agreed to pay […]

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April 19, 2002

Pangborn Plumbing Corporation v. Carruthers & Skiffington, et al. (2002) 97 Cal.App.4th 1039

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Download Publication A contractual lien for attorney’s fees has priority over a subsequently filed judgment lien. American Benefit Plan Administrators (“ABP”) obtained a $35,000 judgment against Pangborn for failing to fund his employees’ benefit plan.  In a separate action (“Accounting Litigation”), Pangborn’s surety company, Insurance Company of the West (“ICW”), sued Pangborn.  Pangborn cross-complained against […]

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