Robert Mann, Donald W. Cook v. Mina Tabatabay
Published: Feb. 26, 2000 | Result Date: Jul. 7, 1999 | Filing Date: Jan. 1, 1900 |Case number: BC170994 Verdict – $1,534
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Facts
In April 1991, defendant and cross-complainant and her son met with plaintiff law firm to discuss an uninsured
motorist claim for the wrongful death of the clientÆs husband.
The client signed a retainer agreement that included attorney fees of $200 per hour to be paid when billed. The client had unsuccessfully attempt to collect $100,000 from the insurance company but was informed by the carrier that prior to her husbandÆs death, the policy had lapsed.
PlaintiffÆs undertook to investigate the clientÆs claim and to work directly with the insurance company to settle the issue. Plaintiff had performed work on the case but the client refused to pay the bill.
The client notified plaintiff that she no longer wanted plaintiff to represent her. The client then hired another attorney, a relative who had recently become an attorney, to represent her and to pursue the claim with the insurance carrier. In January 1995, plaintiff filed a Municipal Court breach of contract action against the
former client.
The client filed a cross-complaint alleging breach of contract seeking one million dollars in damages and had the case removed to Superior Court. The case went to arbitration and the plaintiff prevailed. The defendant filed
for a trial de novo.
In July 1999, the court granted plaintiffÆs motion for summary judgment on the breach of contract claim and awarded $1,534. In August 1999, the court granted plaintiffÆs motion for summary judgment on cross-
complainantÆs cross-complaint for breach of contract.
Plaintiff was awarded $14,500 in attorney fees pursuant to C.C.P. Section 1717.
Settlement Discussions
At various points in the litigation, plaintiffs demanded the full amount owed by defendant, including interest and attorney fees pursuant to their contract, but defendant repeatedly refused.
Other Information
The verdict was reached approximately four years after the case was filed.
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