California Court of Appeal

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Mojtahedi v. Vargas, B248551A

Judgment sustaining the demurrer without leave to amend in an action for unpaid attorney fees is affirmed, where: 1) plaintiff represented two personal injury clients until he was replaced by defendant as counsel; 2) defendant successfully settled the personal injury case and deposited the payment into his client trust fund account; 3) plaintiff did not sue the clients for unpaid attorney fees, therefore failing to establish the existence, amount, and enforceability of his attorney fees lien in an independent action against the clients; and 4) because plaintiff has not adjudicated his independent interest in the settlement, he cannot allege sufficient facts to prove damages, an essential element for each cause of action. (Opinion after Rehearing)

Appellate Information

  • Decided 08/08/2014
  • Published 08/08/2014

Judges

  • KITCHING

Court

  • California Court of Appeal

Counsel