Schneider

—In this our third visit to the subject of this controversy, minor plaintiff Jacob Schneider represented by his mother and guardian ad litem Marcia Schneider appeals from a summary judgment entered in favor of defendant Sacramento law firm Friedman, Collard, Poswall & Virga (Friedman Collard). In 1987, Friedman Collard through partner Morton Friedman represented Schneider in a medical malpractice action against the Kaiser Foundation Hospitals in San Diego County. Friedman was successful in obtaining an arbitration award consisting of (1) a lump sum payment of $1 million and (2) $2,624,000 in periodic payments at a rate of $3,650 per month for 60 years or until Jacob’s death, whichever occurred first. (See Schneider v. Kaiser Foundation Hospitals, supra, 215 Cal.App.3d at p. 1315.) An annuity to fund the periodic payments was later purchased by Kaiser for $513,631.06. (Id. at p. 1320.) The arbitration award said nothing about attorney’s fees.

Following the award, Friedman asked the arbitrators to amend the award in several respects including determining its total value for the purposes of calculating attorney’s fees as required by Business and Professions Code section…