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Contracts
Breach of Contract
Failure to Pay

Cappello & McCann v. Robert P. Stephen Jr.

Published: Apr. 10, 1999 | Result Date: Jan. 21, 1999 | Filing Date: Jan. 1, 1900 |

Case number: 214995 Verdict –  $60,000

Judge

Thomas R. Adams Jr.

Court

Santa Barbara Superior


Attorneys

Plaintiff

Robert Ehrlich

Michael W. McCann


Defendant

Harrison Bull


Facts

In 1995, plaintiff Cappello & McCann, a law firm, represented the defendant in a lender liability action. The plaintiff obtained $600,000 debt reduction in settlement of the case. The plaintiff contended it was owed a contingency fee of 10 percent. The defendant contended the agreement was unconscionable and the plaintiff had not performed services. The plaintiffs brought this action against the defendant based on breach of contract.

Settlement Discussions

The defendant made a C.C.P. º998 settlement demand for $15,000.

Damages

$60,000 in contingency fees.

Injuries

$60,000 in contingency fees.

Other Information

The verdict was reached approximately two years and five months after the case was filed. Per the plaintiff, the court directed a verdict in plaintiff's favor on the issue of unconscionability of the contingency fee contract.

Deliberation

two hours

Poll

9-2

Length

four days


#80329

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