Luscutoff, Lendormy & Associates v. Leclair CA1/2

BACKGROUND

Following a tragic tour bus accident in Monterey County involving about forty French tourists, including Leclair and her domestic partner, Olivier Auffret, the surviving passengers and the estates of those who died retained personal injury attorney Jean-Yves Lendormy and his law firm,

1 Luscutoff, Lendormy & Associates (collectively, the “law firm”), to represent them. Eight years of litigation ensued, eventually settling for approximately $15 million. The law firm then brought this action against Leclair and Auffret, contending they had inadvertently been overpaid a share of the settlement proceeds (Leclair, allegedly by $23,464 and Auffret, allegedly by $118,706); it sought recovery of the overpayments, and asserted ancillary claims. Leclair and Auffret cross-claimed against the law firm, alleging improprieties in connection with the representation, including ethical violations, billing errors, statutory violations and underpayment of their share of the settlement proceeds. They asserted claims for an accounting, “disgorgement of fees and compensation received,” and conversion, seeking $1.3 million in damages plus punitive damages. The trial court granted summary…