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Declaratory Relief
Breach of Contract
Professional Services

Holden & Ghitterman v. Gelfand & Gelfand

Published: Apr. 12, 1997 | Result Date: Oct. 15, 1996 | Filing Date: Jan. 1, 1900 |

Case number: SB206791 –  $99,000

Judge

James M. Slater

Court

Santa Barbara Superior


Attorneys

Experts

Facts

The cross-complainant law firm Holden & Ghitterman, originally prosecuted an underlying medical malpractice case for plaintiff Pamela Bechman Lyon. The underlying plaintiff then substituted the cross-defendant law firm, Gelfand & Gelfand as attorney of record. The case settled two years later for $800,000. The plaintiff sued Holden & Ghitterman for professional negligence in handling the case. Holden & Ghitterman sued Lyon for breach of contract and quantum meruit and sued Gelfand for declaratory relief to determine how the fees should be divided. Cross-defendant Gelfand & Gelfand sued Holden & Ghitterman for declaratory relief. Holden and the plaintiff settled their case, leaving only the declaratory relief actions.

Settlement Discussions

The cross-complainant made a settlement demand for $90,000, reduced to $75,000. The cross-defendant made a settlement offer of $50,000.

Damages

Both parties claimed their right to the fee.

Other Information

The judgment was reached approximately two years after the case was filed. A settlement conference was held in September 1997 before Judge Broder and Judge Stater. It did not resolve the matter.

Length

3 days


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