Facts

Allen Kent resigned from the law firm Aguilar & Sebastianelli in 2004 following a dispute over salary and his performance. Kent, who is an attorney, began his employment with the firm in 1993. Kent was scheduled to appear before the Supreme Court of California to argue a case several days after he resigned. The scheduling was done prior to his resignation. Consequently, Kent failed to appear and the Supreme Court sought to hold the firm and Kent in contempt by issuing an Order to Show Cause. At the urging of the Supreme Court, the State Bar Court conducted an investigation and determined that Kent and the firm's head, Raul Aguilar, should be held in contempt of court. Proceedings ensued and Kent's attorney fees and costs allegedly reached $270,000. Kent unsuccessfully requested the firm to pay his fees and costs. Kent filed a lawsuit against the firm pursuant to Labor Code Section 2802, seeking indemnification. During the damages phase, the case resulted in a mistrial based on witness misconduct. A retrial resulted.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed he was entitled to reimbursement from the defendants in the sum of $270,000 for attorney fees and costs he allegedly incurred.

DEFENDANTS' CONTENTIONS:
The defendants took the position that they did not owe the plaintiff anything. During the retrial, the defendants challenged the extent of the plaintiff's costs as excessive and unreasonable. The defense argued that the plaintiff and his attorney had agreed to quid pro quo representation and the plaintiff was therefore not required to pay for the services. The defense further suggested that if the plaintiff had apologized to the Supreme Court when the proceedings against him were initiated, he could have mitigated his alleged fees and costs.

Damages

$270,000 in costs and fees incurred in defending the contempt charges.

Result

During the first trial, the jury found in favor of the plaintiff on liability and damages. On retrial for damages, the plaintiff was awarded $11,331. The actual amount received by the plaintiff was $6,331 because the firm had $5,000 in insurance credit.

Other Information

The plaintiff plans to file a motion for a new trial. The law firm intends to file a JNOV motion.

Deliberation

one day

Poll

10-2

Length

three weeks