Winthrop
Winthrop v. Dameshek CA4/3
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
I.
THE WINTHROP PLAINTIFFS SUE THE DAMESHEK DEFENDANTS
FOR UNPAID LEGAL FEES AND COSTS
On December 13, 2023, the Winthrop plaintiffs initiated an action against the Dameshek defendants (the lawsuit) by filing a complaint to recover approximately $1.5 million for unpaid legal fees and costs. The complaint contained claims for breach of written contract, quantum meruit, breach of oral contract, common counts, fraud, and declaratory relief. On December 22, 2023, the Winthrop plaintiffs filed an amended complaint in which a second claim for breach of oral contract was added.
II.
THE WINTHROP PLAINTIFFS SUCCESSFULLY APPLY EX PARTE FOR RIGHT TO
ATTACH ORDERS AND FOR WRITS OF ATTACHMENT
On January 2, 2024, pursuant to Code of Civil Procedure section 485.240, the Winthrop plaintiffs filed ex parte applications for right to attach orders and orders for writs of attachments against the Dameshek defendants. The ex parte applications were supported by the declaration of attorney Reid A. Winthrop. The trial court granted the Winthrop plaintiffs’ applications, finding, inter alia, the Winthrop plaintiffs established the probable validity of the claims upon…