Weiss

Weiss v. Marcus

Good Law
124 Cal. Rptr. 297·1975 Cal. App. LEXIS 1398·51 Cal. App. 3d 590
Court of Appeal of CaliforniaSeptember 23, 1975Civ. 45777California3,535 words

Opinion

Opinion

Dunn, J.

In this action to recover the reasonable value of legal services, Plaintiff appeals from an order (judgment, Code Civ. Proc., § 58Id) dismissing the action as to defendants Levinson, Marcus & Bratter and Bradley D. Marcus after the trial court sustained defendants’ demurrer to plaintiff’s first amended complaint without leave to amend.

In addition to the dismissed defendants, the first amended complaint named as defendants: Edward Oran, Firemans Fund American Insurance Co. (hereinafter “Firemans”) and Continental Insurance Co. (hereinafter “Continental”). The first amended complaint contained eight counts, each of which incorporated the allegations of all preceding counts.

The first count of the amended complaint alleged against defendant Oran: on February 1, 1970, Oran, by oral agreement, employed plaintiff to act as his attorney in prosecuting Oran’s claim against one Robert Novick on account of “injuries and/or damages;” by the terms of the oral agreement, Oran agreed to pay plaintiff, as fees for legal services to be rendered, “30 percent of all amounts recovered before the cause of action was given a pretrial date, and 3710 percent of all amounts recovered…

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