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Tag: Attorneys Fees

May 20, 2010

Lockton v. O’Rourke (2010) 184 Cal.App.4th 1051

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Download Publication The Second District holds that continuous representation ends when a client hires new counsel to represent the client and the attorney takes no further action on the subject matter.  The Court also holds that contractual attorneys’ fees may be awarded to a firm representing itself under a broadly worded prevailing party attorneys’ fee […]

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September 23, 2009

Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 1264

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Download Publication The Fourth District holds that an attorney client fee dispute is not subject to a motion to strike under the anti-SLAPP statute.  Eldon Hylton founded a software company, DivXNetworks, Inc (DivX).  Hylton and DivX entered into a founder stock purchase agreement (FSPA) that entitled Hylton to purchase three million shares of DivX common […]

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September 17, 2009

Deitz v. Meisenheimer & Herron (2009) 177 Cal. App. 4th 771

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Download Publication The Fourth District holds that an attorney cannot hide behind the shield of attorney-client privilege in seeking to avoid liability to pay a referral fee, when the client has waived the attorney-client privilege sufficiently to allow the attorney to defend the claim.  William Dietz alleged that Meisenheimer & Herron and Meisenheimer, Herron & […]

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June 2, 2009

Fagelbaum & Heller LLP v. Smylie (2009) 174 Cal.App.4th 1351

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Download Publication The Second District holds that a client waived his right to MFAA arbitration by requesting affirmative relief for malpractice in a related dispute.  Fagelbaum & Heller represented Robert Smylie pursuant to agreements for legal services.  Smylie failed to honor his agreement to give Fagelbaum & Heller rent credit on a shared office suite […]

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April 27, 2009

Davis v. Nadrich (2009) 174 Cal.App.4th 1

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Download Publication The Second District holds that a referral source, who began directing cases to one partner after told of the partnership’s dissolution, could not be liable for intentional interference with contract.   Joseph Davis and John Heubeck formed the law partnership of Davis & Heubeck for an indefinite term specializing in asbestos and toxic torts.  […]

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January 26, 2009

Schatz v. Allen Matkins Leck Gamble & Mallory LLP (2009) 45 Cal.4th 557

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Download Publication The Supreme Court holds that binding contractual arbitration can follow non-binding arbitration under the Mandatory Fee Arbitration Act.   Richard A.  Schatz retained Allen Matkins Leck Gamble & Mallory (Allen Matkins) to represent him.  The agreement contained a binding arbitration provision that included attorney fee disputes. After a dispute arose Schatz invoked the Mandatory […]

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September 18, 2008

Strong v. Beydoun (2008) 166 Cal.App.4th 1398

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Download Publication The Fourth District refuses to allow an attorney to pursue a quantum meruit claim against a client in lieu of a fee sharing agreement with co-counsel rendered unenforceable by failure to comply with the Rules of Professional Conduct. Ali Beydoun and Edwin Craig Sheldon retained Bill Suojanen to represent them in their claims […]

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August 22, 2008

Mark v. Spencer (2008) 166 Cal.App.4th 219

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Download Publication The Fourth District refuses to enforce a fee-splitting contract between counsel in a class action lawsuit when the contract was not disclosed to the class action court. Matt Capelouto contacted Ronald Mark to discuss a potential action against Capelouto’s former employer, General Nutrition Corporation (GNC).  After determining Capelouto was a proper class action […]

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February 22, 2008

Stroud v. Tunzi (2008) 160 Cal.App.4th 377

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Download Publication The Second District holds that modifications to a contingency fee agreement must meet the same statutory standards as the original agreement.  James Stroud prepared a contingency fee agreement that complied with all of the requirements of Business & Professions Code §6147 in connection with his representation of Dominick Tunzi.  Subsequently, Tunzi signed two […]

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May 3, 2007

Fergus v. Songer (2007) 150 Cal. App. 4th 552 (rev. den. 7/25/07)

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Download Publication   The Second District holds that an attorney’s reasonable fee cannot be measured by a contingent fee under a void contingency fee agreement.  The court also held that an attorney’s innocent spouse can enforce an oral partnership agreement with the attorney’s client. Songer obtained a judgment against Bordan, the owner of the Pismo […]

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