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Bisnar & Chase4/8/2005
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
Albert and Judy Balascio appeal from a judgment arising from an interpleader action in which the trial court distributed funds from a settlement to the Balascios and various attorneys. The attorneys who obtained a share of the settlement funds had previously represented the Balascios in a product liability and wrongful death action. After the attorneys had ended their representation, the Balascios, represented by different counsel, reached a settlement. In this appeal, the Balascios challenge the awards given to two of the law firms: Greene, Broillet, Panish and Wheeler ("Greene") and Law Offices of Omar F. Medina. The Balascios contend (1) the attorneys' cost claims were barred by the statute of limitations, and (2) the amounts awarded to the attorneys were not supported by the evidence. We conclude the statute of limitations had not run on the cost claims. Further, we find evidentiary support for the awards except for several cost items included in Greene's award. We modify the judgment to eliminate these costs items, and affirm the judgment as modified.
FACTUAL AND PROCEDURAL BACKGROUND
A. Representation by Greene
In May 1994, the Balascios' daughter was killed when the vehicle driven by her fiancé collided with the rear corner of a tractor-trailer rig parked on a residential street. In July 1995, the Balascios hired Greene to represent them in a product liability and wrongful death action filed against the manufacturer and seller of the tractor-trailer (Utility Trailer Manufacturing Company and Utility Trailer Sales Company (Utility)), the owner of the tractor-trailer (Doug Andrus Distributing, Inc.), and the truck driver (Donald Eck) (the latter two defendants referred to collectively as Andrus). The attorney-client agreement with Greene stated that the firm would be compensated for its legal services only if recovery was obtained for the Balascios. The agreement provided the Balascios were responsible for costs regardless of recovery; however, Greene would advance costs and be reimbursed for such advances upon settlement or judgment. The agreement included a contractual lien provision giving Greene a lien on any recovery obtained by the Balascios for any unpaid costs or fees owed to Greene.
In September 1996 Greene withdrew from the case and filed and served a notice of lien for attorney fees and costs. In October 1996 Greene sent the Balascios an itemized list of its costs, totaling $47,639.
B. Representation by Medina
In October 1996 the Balascios hired a Florida attorney, Omar Medina, who had another case pending against Utility, to represent them in the action. Medina's attorney-client agreement with the Balascios provided that his fees would be 45 percent of any recovery, no fees would be charged if there was no recovery, and the Balascios would be responsible for costs regardless of any recovery. Additionally, the agreement stated that Medina would be responsible for paying all prior attorney fee liens; that the Balascios would be responsible for prior attorney cost claims; and that Medina would negotiate the prior attorney cost claims with no additional cost to the Balascios. The agreement authorized Medina to associate with other attorneys at no additional cost to the Balascios. The agreement identified David Schneider (of the California law firm Yunker & Schneider,
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