Cases: Liens for Attorney Fees

Attorney Lien/Probate: Attorney With Broad Contractual Attorney Lien Did Not Have To File Creditor’s Claim To Preserve Lien Against Trust “After Acquired” Assets

Cases: Liens for Attorney Fees, Cases: Probate

  Matter Reversed and Remanded to Determine Value of Attorney’s Lien in Trust.      Novak v. Kay, Case No. B256889 (2d Dist., Div. 5 Apr. 28, 2015) (published) involved an attorney with broad contractual attorney’s fees language in a retainer letter with a client who died but who was determined to be a pretermitted spouse […]

Liens For Attorneys Fees: Trial Court Acted In Excess Of Jurisdiction By Expunging Attorney Liens

Cases: Liens for Attorney Fees

  Lower Court Could Not Expunge By Enforcing Settlement In Same Underlying Action.      A trial judge in Martinez v. Mayberry, Case No. A142385 (1st Dist., Div. 3 Mar. 24, 2015) (unpublished) expunged some attorney liens in enforcing a settlement agreement upon motion by defense and new plaintiff counsel (counsel other than former plaintiff’s counsel

Appeal Sanctions/Attorney Lien/SLAPP: Defendants Trying To “SLAPP” In Fee Dispute Involving Attorney Lien Impact Were Correctly Not Allowed SLAPP Relief

Cases: Appeal Sanctions, Cases: Liens for Attorney Fees, Cases: SLAPP

  However, Winning Plaintiff Attorney Negotiating Personal Injury Settlement Not Entitled to SLAPP Fee-Shifting Fees or Frivolous Appeal Sanctions.      Well, we have an appellate court decision saying fees disputes do not rise to constitutional protected activity under the SLAPP statute. We are not offended, because these usually are more in the nature of private

Civil Rights/Lien For Attorney’s Fees: Nunc Pro Tunc Order Directing Payment Of FEHA Fee Award To One Set Of Plaintiffs’ Attorneys No Abuse Of Discretion

Cases: Civil Rights, Cases: Liens for Attorney Fees

  Trial Judge Did Not Resolve Attorney’s Lien Claim Brought by Estate of Another Deceased Plaintiffs’ Attorneys, So No Prejudice.      Marcisz v. Ultrastar Cinemas, Case No. D063902 (4th Dist., Div. 1 Aug. 29, 2014) (unpublished) involved two sets of FEHA attorneys moving to recover fees after successfully prosecuting a sexual harassment for four plaintiffs.

Lien For Attorney’s Fees: First Attorney Not Seeking Recovery On Attorney’s Lien Cannot Sue Second Attorney For Fee Recovery Under Client Settlement Agreement

Cases: Liens for Attorney Fees

  No Enforceable Lien Being Enforced, No Recovery.      On July 13, 2014, we did post on an unpublished case which has now been published after rehearing.      Mojtahedi v. Vargas, Case No. B248551 (2d Dist., Div. 3 Aug. 8, 2014) (partially published, discussion of attorney’s lien published) involved attorney # 1 in a personal

Lien For Attorney’s Fees: Plaintiff First Attorney Properly Had Case Dismissed Against Client Settlement Proceeds Brought Against Second Attorney Where He Did Not Prosecute A Separate Action To Adjudicate Attorney’s Lien Against Client

Cases: Liens for Attorney Fees

  Gotta Get Attorney’s Lien Adjudicated Against Client First.      Mojtahedi v. Vargas, Case No. B248551 (2d Dist., Div. 3 July 9, 2014) (unpublished) is a stark reminder that a discharged attorney in a case seeking to recoup settlement funds against a client cannot just sue the second attorney directly without passing “go”—with “go” being

Liens For Attorney Fees: Subsequent Judgment Creditor Cannot Defeat Prior Attorney’s Lien In Client Retainer Letter

Cases: Liens for Attorney Fees

  Lien Not Collusive and Did Not Violate RPC 3-300.       We can sympathize with judgment creditors who then find out about a “secret” attorney’s lien which can often trump those other creditors‘ rights without having any notice of the attorney’s lien. The next case illustrates the point very poignantly.       Agora Concepts, Inc. v.

Liens For Attorneys Fee/Retainer Agreement: Triable Issue Of Fact Required Reversal of Summary Judgment Where Evidence Demonstrated Existence Of Retainer Agreement Should Be Decided By Trier Of Fact

Cases: Liens for Attorney Fees, Cases: Retainer Agreements

  If Second Retainer Agreement Signed By Client, Attorneys Lien Did Exist.      Majlessi v. Parman, Case No. B241063 (2d Dist., Div. 3 July 12, 2013) (unpublished) is a case where the lower court granted summary judgment across the board when a discharged personal injury attorney sued successor attorneys to honor an attorneys’ lien in

Family Law/Lien For Attorneys Fees: Attorney Did Not Get Additional Fee Recovery From Client Based On Lien Clause Language and Family Code Provision On Perfection Of Further Fee Recovery

Cases: Family Law, Cases: Liens for Attorney Fees

       In Fuchs & Associates, Inc. v. Lesso, Case No. B239246 (2d Dist., Div. 2 Jan. 8, 2013) (unpublished), an attorney sought to recover $647,688.13 in fees against a former client through a binding arbitration, fees in addition to what the client already had paid (about $481,000) in dissolution-related proceedings. The arbitrator awarded zilch/nada,

Year End 2012 California Intermediate Fee/Costs Decisions

Cases: Allocation, Cases: Liens for Attorney Fees, Cases: Reasonableness of Fees

  Here are the remaining December 31, 2012 intermediate DCA decisions on fees/costs issues, Liens For Attorneys Fees: Timothy D. Reubon, Inc. v. One West Bank, Case No. B234958 (2d Dist., Div. 1 Dec. 31, 2012) (unpublished)      In this one, judgment creditor/former attorney obtained a judgment against judgment debtor/former client for past due services.

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