Facts

In 2005, Dina Safford, Lamar Anderson, Anthony Cox, Leonard Cox, Danielle Cox, Diante Cox, and Craig Griffin, Jr. were represented by Thomas Ostly regarding their claims of breach of warranty of habitability and mold infestation. They later sued Ostly for alleged legal malpractice, but settled with his firm.

Martin Lopez, Gabriel Lopez, Hector Rojas, Joaquin Rodriguez Rojas and Rafael Rodriguez Rojas were also represented by Ostly regarding their claims of wrongful eviction and breach of warranty of habitability. After their case was settled, the plaintiffs refused to pay Ostly for his fees and sued him for fraud, legal malpractice, breach of contract, and declaratory relief.

Ostly filed a cross-complaint against the plaintiffs for breach of contract. He also filed a cross-complaint against Amy Sekany, Anne Omura, Jorge Aguilar, Robert Salinas, Collective Legal Services and Sundeen Salinas & Pyle for indemnification based on work they did on the plaintiffs' case.

The plaintiffs' claims for fraud, legal malpractice and breach of contract were dismissed prior to trial. Ostly's indemnification claims were also dismissed. Thus, the only remaining claim at trial was Ostly's cross-complaint for breach of contract.

Result

The jury returned a verdict for Ostly, finding that Hector Rojas, Joaquin Rojas, Rafael Rojas, Gabriel Lopez and Martin Lopez each owed Ostly $8,800 in legal fees. Thus, Ostly was awarded $44,002 in total.

Other Information

An Ostly cross-complaint for indemnity was dismissed pursuant to demurrer, which was sustained without leave to amend.