This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Breach of Contract
Assault and Battery
Attorneys Fees

Ruth Price v. James W. Street

Published: Mar. 11, 1995 | Result Date: Feb. 21, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 673230 –  $0

Judge

Jeffrey T. Miller

Court

San Diego Superior


Attorneys

Plaintiff

Susan Hildebrand


Defendant

William P. Volk


Facts

Plaintiff Ruth Price, a 55-year-old attorney, had referred a complex medical malpractice lawsuit to Defendant James W. Street. She did so after discovering that the case was more complicated than originally thought. When the case settled, Plaintiff discovered that her former client's husband was pursuing a claim against Plaintiff for legal malpractice for alleged failure to file a claim for loss of consortium before the statute of limitations lapsed. Upon learning of the claim, Plaintiff attempted to physically remove the original litigation files from Defendant's law office. This attempt was made on January 12, 1994. Defendant told Plaintiff to leave and that he could not give her the files without client permission. Plaintiff alleged that the Defendant shoved her, thereby committing battery.

Settlement Discussions

Defendant contends there were no settlement discussions.

Specials in Evidence

not presented not presented

Damages

$15,000 in attorneys fees; $20,000 for battery; and $25,000 in punitive damages.

Deliberation

1 hour

Poll

12-0

Length

3 days


#86571

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390