Deborah St. Reeter v. Goode & Peterson; Janet Short, Esq.
Published: Aug. 30, 1997 | Result Date: Jun. 26, 1997 | Filing Date: Jan. 1, 1900 |Case number: 700535 Verdict – $34,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Thomas E. Polakiewicz
(technical)
Defendant
Mark C. Mazzarella
(Mazzarella & Mazzarella, LLP)
(technical)
Facts
In October 1993, plaintiff Deborah St. Reeter, a 59-year-old owner of an employment agency, was involved in a minor automobile accident. She was provided with a rental vehicle while her Range Rover was being repaired. Six weeks later, a rental car company employee sought to reposses the vehicle for non payment of rental charges, and an altercation occurred. The plaintiff subsequently retained counsel and filed litigation alleging assault and battery and credit card fraud. Four months prior to trial, the plaintiff's attorneys withdrew as her attorneys, and she retained defendant Janet Short, Esq., of Goode & Peterson to take over her representation in the litigation. The plaintiff contended that the defendant attorneys were negligent in representing her in the underlying litigation, as they failed to properly evaluate her case and over charged her, billing $59,000 in attorney's fees and costs, and forcing her to settle the litigation on the eve of trial for $8,000. The plaintiff brought this action against the defendants based on legal malpractice and negligence theories of recovery. The defendant filed a cross-complaint for unpaid fees and costs of $10,000.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $41,000, plus fees and costs. The defendants made a C.C.P. º998 offer of compromise for $10,000, increased to $25,000 and then $41,000 at trial.
Damages
The plaintiff sought refund of $41,000 actually paid to the defendants. The defendants filed a cross-complaint for unpaid fees and costs of $10,000.
Deliberation
1 day
Poll
12-0
Length
6 days
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