Paul Decker and Jacqueline Decker v. Thomas B. McCullough, et al.
Published: Feb. 14, 1998 | Result Date: Jan. 22, 1998 | Filing Date: Jan. 1, 1900 |Case number: SC024036 Verdict – $0
Judge
Court
L.A. Superior Santa Monica
Attorneys
Plaintiff
Amy Fisch Solomon
(Judicate West)
Defendant
John P. Nahra
(Baker Keener & Nahra LLP)
Experts
Plaintiff
Walter J. Lack
(Engstrom, Lipscomb & Lack)
(technical)
Steven F. Spierer
(technical)
Defendant
David R. Glickman
(technical)
Facts
Defendant Thomas McCullough, an attorney, represented plaintiffs Paul and Jacqueline Decker in an underlying fraud action relative to the sale of a home to the Deckers. Defendant represented plaintiffs for approximately two years and then withdrew as their attorney after plaintiffs stopped paying his bills, which were based on an hourly rate of $165 per hour. A new attorney substituted in and tried the underlying case before a retired judge in March 1993. The trial resulted in a settlement in which the Deckers agreed to pay their opponent's fees, in the approximate amount of $35,000, and there was no recovery or moneys paid to the Deckers. The plaintiffs brought this action against defendant based on a legal malpractice theory of recovery. After the filing of that action, McCullough filed a cross-complaint for unpaid fees in the amount of approximately $23,000 plus $12,000 in accrued interest.
Damages
Plaintiffs claimed attorney fees in the amount of approximately $40,000, along with the cost of the settlement which was approximately $35,000. Cross-complainant requested payment of his unpaid legal fees in the amount of approximately $23,000 plus interest.
Other Information
The verdict was reached approximately _____ years and ______ months after the case was filed. A settlement conference/arbitration/mediation was held on ____/____/19__ before ___________ (name) of __________ (affiliation) resulting in _______________. PLESE DESCRIBE ANY SIGNIFICANT LEGAL/PROCEDURAL ISSUES WHICH HELP EXPLAIN THE OUTCOME: ____________ EXPERT TEST. (If interesting) ___________________. POST TRIAL MOTIONS _________________________________.
Deliberation
3½ hours
Poll
10-2
Length
two weeks
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