Kroff

This is an appeal from a judgment of dismissal entered on plaintiff’s (appellant) first amended complaint following the sustaining of defendants’ (respondents) demurrer. On this appeal we are asked to determine whether an attorney hired to prosecute a bodily injury action, pursuant to a contingent fee agreement, may, after being substituted out of the case, recover costs advanced on behalf of the client, while the bodily injury suit is still pending. We determine he may not and affirm the judgment of dismissal.

Facts

Appellant, an attorney, was employed by respondents, pursuant to a “Legal Services Contract—Contingent Fee Case” to represent them in a bodily injury action. The agreement provided for a percentage attorney fee and the reimbursement of costs advanced by the attorney, contingent on recovery by the clients. Appellant proceeded to represent the respondents and filed a lawsuit on their behalf. Before any recovery was obtained, respondents discharged appellant and retained another attorney to represent them. Appellant wrote respondents seeking reimbursement for costs advanced in the amount of $702.48. When respondents failed to pay appellant for the costs…