Valenta

Lubomir J. Valenta appeals an order denying his motion to terminate a claim of lien by his former attorney, H. Richard Bixby. The trial court ruled Bixby was entitled to a lien for the reasonable value of his services against the judgment in an underlying case. Valenta contends the court lacked jurisdiction because the validity of the lien must be decided in an independent action. We agree and reverse.

Facts

In 1981, Valenta filed an action for wrongful termination against the Regents of the University of California and various members of the faculty and administration of the University of California at Irvine Medical School. In April 1986, he retained Bixby, who represented him through a successful eight-day trial and obtained a judgment of $866,000 in November 1986.

Following entry of judgment, the defendants appealed and Valenta cross-appealed seeking reinstatement. Bixby associated another attorney to handle the appeal. In a letter to the new attorney, dated November 25,1986, Valenta confirmed the association of attorney agreement as follows: . . we have agreed, together with Mr. Bixby, that. . . you . . . alone, [will] handle the appeal and cross-appeal procedures…