Cases: Liens for Attorney Fees

Liens For Attorney Fees: Third District Holds That A Single Declaratory Relief Action Against Both The Clients And Competing Attorney Lien Claimant Is A Permissible Way To Enforce Attorney Lien Claims On Settlement Or Judgment Proceeds

Cases: Liens for Attorney Fees

Second Attorney Obtaining A Recovery Does Not Have To Wait For Clients’ Former Attorney To Bring A Separate Individual Action Against The Clients. In Jacobs v. Papez, Case No. C100761 (3d Dist. Mar. 13, 2026) (published), which involved dueling claims by two attorneys to enforce lien rights against clients’ settlement, the Third District held “that […]

Ethics, Liens For Attorney Fees: Attorney’s Lien Had Superiority Over Surety’s Later Assignment Of Claims, Gaining Almost $1.39 Million From Settlement Proceeds

Cases: Ethics, Cases: Liens for Attorney Fees

Lower Court Did Not Err In Adjudicating Lien Claim In The Underlying Action Because The Parties Stipulated To The Procedure.                Plaintiff’s attorney in USS Cal Builders, Inc. v. San Francisco Bay Area Rapid Transit Dist., Case No. A168102 (1st Dist., Div. 5 Sept. 20, 2024) (unpublished) had a lien on settlement proceeds which was

Construction, Liens For Attorney Fees: In Public Works Case, Under Unusual Circumstances, Surety Prevailed Over Attorney Charging Lien

Cases: Construction, Cases: Liens for Attorney Fees

Surety Won This One Under Attorney Lien Exceptions.             Nichols v. North American Specialty Ins. Co., Case No. B329206 (2d Dist., Div. 2 Nov. 17, 2023) (unpublished) is an interesting (appellate court saying “messy”) dispute over the priority between the attorney’s lien of a general contractor and a surety which paid off subcontractors on behalf

Liens For Attorney Fees, Settlement: Attorney Assigned Some Of A Prevailing Party Fee Award Judgment Was Entitled To Remaining Proceeds In A Malpractice Action Settlement After Payment Of Malpractice Counsel’s Contractual Lien

Cases: Liens for Attorney Fees, Cases: Settlement

Opinion Has An Interesting Discussion Of Whether A Suspended Or Disbarred Attorney Can Obtain Assignment Of A Judgment, With The Attorney Structuring The Assignment Correctly.             In Children Solution, LLC v. Altman (Mastroianni), Case No. B317816 (2d Dist., Div. 1 Oct. 31, 2023) (unpublished), plaintiffs lost to defendants in a bench trial, with the defense

Liens For Attorney’s Fees: Where One Attorney Fixed His Fee Recovery Under Attorney’s Liens, That Part Of A Judgment Was Sustained Even Though Other Parts Relating To Remaining Funds To Be Released And Successor Attorney’s Claims Would Remain To Be

Cases: Liens for Attorney Fees

Opinion Shows You How A Good, Successful Race By One Attorney May Get A Resolution First!             Aresh v. Marin-Morales, Case Nos. G060579/G060827 (4th Dist., Div. 3 June 5, 2023) (published) is an interesting decision on attorney priority for fee recovery in settlements.  It may tell competing attorneys that the race goes to the swift,

Judgment Enforcement, Liens For Attorney Fees: $155,524.55 In Funds Transferred To Former Client Through Successor Counsel’s Client Trust Account Properly Awarded To Former Counsel

Cases: Judgment Enforcement, Cases: Liens for Attorney Fees

Successor Trustee’s Transfer Of Client’s Funds From His Client Trust Account Into His General Account Did Not Transform The Funds Into Successor Counsel’s Money Nor Affect Former Counsel’s Ability To Enforce His Lien. The Queen Mary, once a proud ocean liner, then a floating hotel, Long Beach, California.  Between 1980 – 2006. Photographer, Carol M.

Liens for Attorney Fees, Probate: 4/3 DCA Affirms Probate Court’s Denial Of Fee Petition By Attorney Who Represented Client In Civil Litigation Prior To Client’s Death

Cases: Liens for Attorney Fees, Cases: Probate

Client’s Death Did Not Transform Completed Civil Litigation Into A Probate Administration Task For Which The Probate Court Could Award Fees, Nor Did Client’s Death Waive Requirement That Attorney’s Charging Lien Had To Be Adjudicated.             In Belcher v. Bakkers, Case No. G058893 (4th Dist., Div. 3 April 5, 2021) (unpublished), attorney seeking payment

Liens For Attorney Fees: Attorney Who Recorded Three Separate Notices Of Judgment Lien Totaling More Than $4.3 Million Against Her Client Properly Ordered To Pay Client’s Attorney Fees Incurred In Having Notices Stricken

Cases: Liens for Attorney Fees

Attorney Claimed She Was Judgment Creditor And Client Was Judgment Debtor, But She Had Never Sued Nor Obtained A Judgment Against Client.             Sargent v. Board of Trustees of CSU, Case No. A157335 (1st Dist., Div. 1 May 26, 2020) (unpublished), provides a great example of how not to create and enforce liens for

Liens For Attorney Fees: No Error In Dismissal Of Action Brought By Former Law Firm Against Successor Law Firm For Interference With Its Liens Against Former Clients’ Settlement Proceeds

Cases: Liens for Attorney Fees

Former Law Firm Failed To First Have Its Liens Established, Valued, And Enforced In Independent Actions Against The Clients.             In SL Environmental Law Group v. Robins Borghei, LLP, Case No. A155906 (1st Dist., Div. 2 May 22, 2020) (unpublished), plaintiff predecessor law firm – specializing in environmental contamination litigation – lost clients it

Liens For Attorney Fees, Prevailing Party: Assignee, Principal Of Client, Had Standing To Bring Declaratory Relief Action As To Contractual Attorney’s Lien Claimed By Prior Counsel

Cases: Liens for Attorney Fees, Cases: Prevailing Party

Given Reversal Of Judgment On The Pleadings On This Issue, There Was No Prevailing Party Yet Such That Law Firm Properly Denied Attorney’s Fees.             In Roth v. Epps & Coulson, LLP, Case Nos. B285265 et al. (2d Dist., Div. 4 Oct. 15, 2019) (unpublished), prior counsel of record ran into a rift with their

Scroll to Top