California Court of Appeal

In a fees dispute brought by a law firm against the executor of an estate after the probate court refused to award a category of fees associated with services rendered for the executor's personal matters, grant of executor's motions in limine to exclude all evidence, resulting in dismissal of the case, is reversed where: 1) the doctrines of res judicata and collateral estoppel did not apply to bar the law firm's claim of fees against the executor personally; and 2) in light of the evidence, the trial court erroneously ruled that the evidence was insufficient, as a matter of law, to support the law firm's quantum meruit claim.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• PREMO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Atwood, Haiman & Westerberg, Eric S. Haiman, Saratoga, for Plaintiff/Respondent, Reiko Miller., Campbell, Warburton, Fitzsimmons, Smith, Mendell & Pastore, Nicholas Pastore, Lisa Jeong Cummins, San Jose, for Defendant/Appellant, Campbell, Warburton, Fitzsimmons, Smith, Mendell & Pastore.