Little
Little v. Consumer Defense Law CA1/4
Opinion
Opinion
Goldman, J.
BACKGROUND
As relevant here, the complaint alleges that plaintiff was contacted by defendants and induced to sign a retainer agreement by promises that defendants could save his home from foreclosure. The contract, attached as an exhibit to the complaint, includes an initial retainer of $21,000 to cover investigation costs and limited representation of plaintiff in a civil suit against the lender through the case management conference on any such suit. The agreement also includes a contingent fee provision for monetary recovery that—plaintiff alleges unbeknownst to him—provided defendants with a 40 percent interest in the equity of the home recoverable from any excess funds should foreclosure occur. His complaint alleges further that defendants “were at all times pertinent hereto, and are, the agents, servants, employees, joint venturers and partners of each of the other codefendants and were acting within the scope of their authority as such agents, servants, employees, joint venturers and partners, with the permission and consent of said co-defendants” and that defendants breached the contract “by failing to properly charge fees, failing to perform promised services, by…