 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Sheplay v. Parker3/21/2003
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Appellant Fae Sheplay sued her former attorneys in connection with their handling of the disbursement of funds received in settlement of a personal injury claim. The trial court entered judgment following respondents' successful summary judgment motions. We affirm the judgment.
FACTS
Appellant retained Law Offices of Larry H. Parker ("LHP") to represent her regarding injuries sustained in an automobile accident. LHP associated the law firm of Perona, Langer, Beck, Lallande & Serbin ("Perona Langer") to prosecute the matter. The matter was submitted to binding arbitration, and appellant was awarded $45,943.49, which amount was remitted by the defendants' insurance company by check payable to appellant and LHP. Upon receipt of the settlement check in November 1998, Perona Langer requested that appellant come into its offices to endorse the check, and presented her with its Statement of Disbursements, which reflected $4,897.37 in costs and $14,574.07 in fees which were subject to deduction from the arbitration award. The statement also indicated that Perona Langer had notice of medical claims subject to deduction from the gross settlement.
Attorney Mark B. Plummer, on appellant's behalf, objected to the amount of the proposed deductions from the arbitration award, including a $150 charge by Perona Langer for "Initial computer data entry" and the various medical liens which he contended were not owed. Notwithstanding these objections, in April 2000, appellant endorsed the insurance company check and authorized Perona Langer "to retain the full amount of the Attorney's Fees ($14,574.07) and the full amount of the Costs ($4,897.37) claimed in your November 9, 1998 disbursement." Attorney Plummer then instructed Perona Langer to "forward the entire remaining balance ($26,472.05) to me, which I can distribute as I feel is appropriate," indicating that he would be responsible "to third parties pursuant to Liens, Reimbursement Provisions or for other reasons . . . ."
Perona Langer followed its client's directions. Appellant sued LHP and Perona Langer, alleging causes of action for breach of contract, conversion, constructive fraud, and Civil RICO.
LHP and Perona Langer moved for summary judgment. Prior to the hearing on those motions, appellant requested that she be given additional time to conduct necessary discovery, including the deposition of Larry H. Parker. On May 17, 2001, the trial court heard oral arguments on the motions for summary judgment, and granted Perona Langer's motion. It continued the hearing on LHP's motion to July 26, 2001, to allow appellant the opportunity to take the deposition of Larry H. Parker. That deposition was taken on July 9, 2001.
On July 25, 2001, the day before the hearing on LHP's motion for summary judgment, appellant filed a document titled "Further Opposition to Motions for Summary Judgment or in the Alternative Summary Adjudication of Issues," and lodged portions of Mr. Parker's deposition. Although filed late, the trial court considered the additional evidence and argument presented by appellant.
The trial court sustained LHP's evidentiary objections to the declarations submitted by appellant, and granted LHP's Motion for Summary Judgment. The court found that neither LHP nor Perona Langer took any sums of money belonging to appe
Page 1 2 3 4 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|