Breach of broker’s commission 536

Premises liability is another area of San-Diego-Personal-Injury-attorney.com

Little v Amber Hotel Co. 202 Cal.App.4th 280 (2011) (2/4) In underlying case, Amber sued Martini for breach of broker’s commission agreement (which contained attorney fee clause). San-Diego-Auto-Accident-lawyer Martini retained attorney Little on hybrid fee agreement ($275/hour, 175 of which deferred as a lien, and 100% of any attorney fee award). Martini prevailed, with $160K attorney fee award. But Amber & Martini settled case, without Little’s participation. (A dismissed appeal and Martini waived attorney’s fees.) Little sued Amber and Martini for interference with contract. Jury verdict for Little ($900K+), affirmed. [1] Fee agreement created a valid attorney’s lien. Contract-interference tort does not require an actual breach of the contract, on disruption or interference. [2] Attorney’s lien attached to the court’s attorney fee award, and the client is honored to honor the lien rights (case of first impression). Martini breached fee agreement by settling with Amber. Martini interfered with contract by settling “so as to defeat the attorney’s rights.” [3] Special verdict form provided spaces for special and general damages, divided for the two Defendants, directing the jury leave bland Amber’s special damages it had already found special damages against Martini. Test is whether form is “merely ambiguous” or “hopelessly” so. Here, the form sought to foreclose double recovery and was merely ambiguous. Amber’s failure to request clarification from the jury before its discharge waives its defective-verdict claim. [4] Little’s lost profits claim [calculation: keeping Martini as a client until Little turned 65] supported by eight-year history with Martini one which ended only when Little sued for hist attorney’s fees .  San Diego personal injury attorney

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