California Court of Appeal

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Olsen v. Harbison, C058943

In a dispute between two attorneys over the division of fees arising from a representation of a client in a personal injury action, in which the plaintiff-attorney brought in defendant-attorney to aid in the representation, trial court's judgment in favor of defendant is affirmed where: 1) although plaintiff might be entitled to quantum meruit from the client, because plaintiff had written retainer agreement with the client, brought defendant into the case with the client's consent, and then was fired by the client, there is no basis for such a claim against the defendant; 2) the trial court did not err in finding that litigation privilege precluded plaintiff's claim for fraud and deceit as, although defendant was not actually involved in the litigation when the alleged statements were made, these communications were linked to ongoing litigation and his participation was imminent; 3) the trial court properly granted summary judgment on plaintiff's cause of action for interference with contractual relations as the litigation privilege protected defendant's statements; 4) there was no viable contract on which to base a breach of contract claim against defendant; and 5) there is no basis to impose a constructive trust.

Appellate Information

  • Decided 12/28/2010
  • Published 12/28/2010

Judges

  • HULL

Court

  • California Court of Appeal

Counsel

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