California Court of Appeal

Following settlement of lawsuits against defendant-attorney for misappropriation of trust funds, judgment limiting plaintiff-state bar's recovery to money due under the agreement settling lawsuits against defendant is reversed where: 1) neither the statutory scheme nor the settlement agreement in the present case limited plaintiff-bar's subrogation rights against defendant-attorney; 2) defendant was collaterally estopped from arguing that plaintiff was not entitled to full reimbursement for the amount the Client Security Fund paid clients of one of the trusts defendant represented; and 3) there was no substantial evidence to support the trial court's implied finding that plaintiff was not entitled to reimbursement for the money it paid on another client's trust claim.

Appellate Information

• Decided 11/20/2008
• Published 11/20/2008

Judges

• SEPULVEDA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David Julian Cook, San Francisco, Nathaniel L. Dunn, for Appellant.


• For Appellees:
  
• Bradley Allen Bartlett, Escondido, for Respondent.