Facts

Plaintiff Jack Rabin, a medical doctor sued attorney Michael A. Lotta for failure to pay on a promissory note for $20,000. Lotta countersued Rabin, Rabin's son Mathew Rabin and Rabin's daughter-in-law, Jennifer Rabin for the reasonable value of his legal services rendered.

PLAINTIFF'S CONTENTIONS:
Plaintiff Dr. Rabin contended that Lotta owed Rabin $20,000 on the promissory note. On the Cross-Complaint, each of the Rabins contended that any work done by Lotta was either already paid for, gratuitously rendered, or chargeable to another party, if at all.

DEFENDANT'S CONTENTIONS:
Lotta conceded that he signed the promissory note, but alleged that he was under duress when he signed the note. Lotta alleged that Rabin forced him to sign the note, threatening to withhold expert testimony on the eve of a trial in which Lotta was attorney and Rabin was the expert witness. On his cross-complaint, Lotta alleged that Dr. Rabin owed Lotta in excess of $100,000 in quantum meruit, for legal services rendered. Lotta also alleged that Mathew and Jennifer Rabin owed him, in quantum meruit, approximately $3,500 for services rendered.

Settlement Discussions

Dr. Rabin offered to settle for $20,000, the amount of the promissory note. Defendant Lotta offered nothing at mediation.

Result

Dr. Rabin was awarded the full principal on the note, $20,000, prejudgment interest: $2,431.78, Costs: $1,789.23, Attorneys fees: $14,750; for a total judgment of $38,971.01.

Other Information

Post-trial motion for attorneys' fees and pre-judgment interest was granted.

Deliberation

40 minutes

Poll

12-0 for plaintiff on his complaint; 12-0 for cross-defendants on cross-complaint

Length

two days