Trimble

No appearance for Claimant and Respondent.

OPINION

SPENCER, P.J. —

Plaintiff Meryl Trimble appeals from an order denying her motion to expunge a lien which respondent, Attorney Bruce G. Fagel, filed in plaintiff's suit against Stephen Steinfeldt, M.D., and others.

Respondent is a former employee of Attorney Samuel Shore. He was hired in April 1981 as a salaried law clerk. Following respondent's admission to the California State Bar in June 1982, he worked as a salaried associate on Attorney Shore's cases.

On March 22, 1983, plaintiff retained the services of Attorney Shore in the underlying litigation, signing a retainer agreement to that effect. Plaintiff agreed to pay to Samuel Shore 50 percent "of any and all monies collected or received by or for the undersigned in said matter...." The agreement continues, "I authorize him to associate any other attorney ... at his discretion, but at no expense to me...."

The underlying action was commenced on May 2, 1983. Respondent's name never appears as an attorney of record in that action, all documents continuing to bear the name of Samuel Shore only.

On October 1, 1983, respondent and Attorney Shore changed the nature of their…