Brown
Brown v. Connolly
Opinion
Opinion
Elkington, J.
Plaintiff Joseph A. Brown appeals from a judgment of dismissal after the sustaining of a demurrer to his second amended complaint without leave to amend. A purported appeal by him from the related nonappealable order sustaining the demurrer must be dismissed. (See Lavine v. Jessup, 48 Cal.2d 611, 614 [ 311 P.2d 8 ].)
Brown is an attorney at law. His second amended complaint alleged, as material here, that: (1) he had “entered into a contract in writing with the defendants herein to act as an attorney at law for the defendants, William J. Connolly and the Sunswept Trading Co., Inc., to render legal services for them in an action pending in the Superior Court of the State of California, in and for the City and County of San Francisco, against the General Brewing Company, a California corporation, to recover the sum of $4,500,000; that the said agreement provided that the plaintiff should have and recover as an attorney’s fee (contingent upon recovery) the sum of 25% of $4,500,000”; (2) that after he had rendered substantial services under the contract; including filing an action and prosecuting it diligently, “he was thereupon without right, without fault or cause, or any…