Bluxome Street Associates v. FIREMAN'S FUND INS.

Good Law
206 Cal. App. 3d 1149·254 Cal. Rptr. 198
Court of Appeal of CaliforniaDecember 22, 1988A039296California3,672 words

Opinion

Opinion

David E. Bunim, Timothy H. Power, Robert B. Ehrenworth, Haas & Najarian, Paul A. Epstein, Deborah B. Honig and Epstein & Harris for Claimants and Appellants.

Michael J. Flynn, Paul A. Stewart and Flynn & Stewart for Claimant and Respondent.

No appearance for Defendants and Respondents.

OPINION

STRANKMAN, J.

The issue for our determination is the priority among a prior contractual lien on litigation settlement proceeds, of which no notice was filed in the litigation, and a subsequent attachment lien and a contractual lien, notices of which were filed. The trial court held that the prior contractual lien has priority, and we agree.

In March 1987, a settlement was reached in a legal malpractice action entitled Woods v. Neisar (action No. 781175, hereafter Woods v. Neisar), one of several consolidated actions pending in the Superior Court of the City and County of San Francisco. The settlement provided in part for payment of the sum of $582,500 to Eric H. Woods. This sum was put into a trust account of the law firm of Hassard, Bonnington, Rogers & Huber (Hassard Bonnington), Woods's attorneys in Woods v. Neisar. Hassard Bonnington, appellant Haas & Najarian, appellant Fireman's…

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