Cases: Quantum Meruit

Experts, Quantum Meruit: Lower Court’s Exclusion Of Quantum Meruit Expert Testimony For Plaintiff Reversed On Appeal

Cases: Experts, Cases: Quantum Meruit

Factual Issues Were At Issue, With The Lodestar Methodology Being Appropriate To Use As Well As New York Outside Counsel’s Rates With Respect To Gauging Reasonableness Of In-House Counsel Plaintiff’s Efforts In New York Litigation. Missakian v. Amusement Industry, Inc., Case No. B348390 (2d Dist., Div. 5 Oct. 19, 2026) (unpublished) is a case where

Costs, Quantum Meruit: Discharged Attorneys Not Paid By Client Had $60,000 Damages Award Stricken For Insufficient Evidence

Cases: Costs, Cases: Quantum Meruit

Attorneys Did Not Present Any Evidence Of Hourly Rate Or Hours Worked; However, Costs Award Was Affirmed. Pacific Attorney Group v. Nejad, Case No. G064975 (4th Dist., Div. 3 Aug. 14, 2026) (unpublished) is a good reminder of the type of evidence that discharged attorneys must present to obtain a quantum meruit damages award for

Quantum Meruit, Retainer Agreements: $100,000 True Retainer Was Not That Based On Additional Qualifying, But Law Firm Was Entitled To Quantum Meruit Fees Minus An Offset For The $100,000 Retainer

Cases: Quantum Meruit, Cases: Retainer Agreements

Case Has A Very Scholarly Discussion Of Requirements For True Retainers.                Boyadzhyan v. Geragos & Geragos, APC, Case No. B324420 (2d Dist., Div. 3 Sept. 26, 2024) (unpublished) is an interesting case and, for practitioners and ethics experts, has an excellent discussion on the differences between a true retainer, fixed fee, or retainer with

Ethics, Quantum Meruit: Illinois Appellate Court Affirms Award Of Zero Fees To Contingency Attorneys Obtaining $25 Million Award For Clients Based On Failure To Substantiate Fees And On Certain Fiduciary Breaches To Client

Cases: Ethics, Cases: Quantum Meruit

However, Clients Had To Reimburse Certain Hard Costs To Attorneys.             Although we generally do not post on out-of-state cases, Vandenberg v. RQM, LLC, No. 10 L 003188, 2020 Ill. App. (1st) 190544 (Ill. App. June 26, 2020) is a sobering reminder of what contingency attorneys must do to obtain substantial fees where a settlement

Quantum Meruit, Referral Agreements: Client Only Signing A Disclosure And Acknowledgment Understanding Letter Section Did Not Give Written Consent As Required Under Former Rule 2-200 Of State Bar Rules Of Professional Conduct For Referral Agreements

Cases: Quantum Meruit, Cases: Referral Agreements

Result Was Reversal As A Matter Of Law Of Jury Verdict Based On Contractual Breach And Quantum Meruit, Because Contract Was Unenforceable And QM Claim Was Time Barred.             Reeve v. Meleyco, Case No. C085867 (3d Dist. Mar. 24, 2020) (published) is an ethics reminder to all practitioners to get an express written consent from

Arbitration, Nonsignatories, Quantum Meruit, Retainer Agreements: Judgment Confirming Arbitration Award Of $1,273,765.91 In Fees Owed To Two Law Firms Plus Another $508,678.82 For Fees And Costs Incurred In The Arbitration Affirmed

Cases: Arbitration, Cases: Nonsignatories, Cases: Quantum Meruit, Cases: Retainer Agreements

Arbitration Was Properly Ordered Because The Claims Between Client And The Two Law Firms Arose Out Of The Underlying Retainer And Arbitration Agreements Client Signed With The First Law Firm.             Client retained a law firm to represent her in an ongoing dissolution action – signing a Retainer Agreement and a binding Arbitration Agreement.  During

Liens For Attorneys Fees/Quantum Meruit: 2/5 DCA Sorts Through Various Standing And Statute Of Limitations Issues In Attorney’s Lien/Quantum Meruit Dispute

Cases: Liens for Attorney Fees, Cases: Quantum Meruit

  End Result Is Declaratory Relief Action Based On Attorney’s Lien Did Survive Based On Longer Four-Year SOL Relating To Written Contracts.      In Younessi v. Munoz, Case No. B265750 (2d Dist., Div. 5 Jan. 25, 2017) (unpublished), prior discharged counsel, both the individual lead attorney and the law firm, in a contingency-based personal injury

Liens For Attorney Fee/Quantum Meruit: Discharged Attorneys In Class Action Not Entitled To Pursue Conversion Or Common Counts Against Successor Attorneys Without First Proving Entitlement To Attorney’s Lien Against Client

Cases: Liens for Attorney Fees, Cases: Quantum Meruit

  Court Of Appeal Found Instructive The Reasoning In Mojtahedi Decision.     In this next case we post on, predecessor, discharged counsel was found to have sued the wrong party—successor counsel, rather than properly suing client to establish the validity and amount of an attorney’s lien in a retainer agreement under a “reasonable value of

Quantum Meruit: Discharged Contingency Attorneys Entitled To Quantum Meruit Recovery, Not Pro Rata Distribution Where Contingency Award Could Satisfy All Fee Claims

Cases: Quantum Meruit

  Fracasse, Not Cazares, Test Applied.      When a contingency attorney is discharged, the general measure of recovery is quantum meruit–the reasonable value of attorney’s services rendered to the time of discharge. (Fracasse v. Brent, 6 Cal.3d 784, 790-792 (1972).) This rule is reinforced, yet again, in Mann v. Hernandez, Case No. B240546 (2d Dist.,

Costs/Fee Clause Interpretation/Section 1717: Quantum Meruit Is Not “On A Contract” Under Section 1717 And Prevailing Attorney Entitled To Routine Costs, But Not Fees Under Ambiguous Fees Clause

Cases: Costs, Cases: Fee Clause Interpretation, Cases: Quantum Meruit, Cases: Section 1717

       In Siciliano v. Singh, Case Nos. E052352/E053582 (4th Dist., Div. 2 Oct. 5, 2012) (unpublished), one attorney won quantum meruit fees based on a voided contingency fee agreement, with both client and attorney seeking recovery of attorney’s fees and costs (even though, ultimately, attorney did beat out–barely–a CCP § 998 offer once routine

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