Supreme Court of California

When attorneys separately representing an employer and its employee each actively prosecute an action against a third party, the fee for the employee's attorney comes out of the employee's share of any recovery. If the employee's share of the recovery is zero, then the his attorney fees may not be paid from the amount recovered.

Appellate Information

• Decided 11/01/2001
• Published 11/01/2001

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  Law Offices of Marvin L. Mathis and Marvin L. Mathis, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Law Offices of S. Henslee Smith and S. Henslee Smith, Tustin, for Defendants and Respondents.