Bozinovski

Introduction

Defendant and cross-complainant Bank of America National Trust and Savings Association and cross-defendant First State Bank of Southern California appeal from a judgment distributing the sum of $50,000 deposited by plaintiff Southern California Permanente Medical Group with the court.

Statement of Facts

On November 14, 1977, Attorney Milan Moacanin (Moacanin) was retained to represent Cvetan S. Bozinovski (Bozinovski) in a medical malpractice action to be filed against Southern California Permanente Medical Group (Permanente) and George L. Feinstein, M.D. Bozinovski executed a written retainer agreement providing that Moacanin be compensated for his services on a contingency fee basis and granting a lien upon the cause of action in Moacanin’s favor.

Bozinovski subsequently terminated Moacanin’s services and retained Eugene Bambic (Bambic) in his stead. On July 5, 1978, Bozinovski executed a written retainer agreement granting to Bambic the right to receive as his fee the sum of 40 percent of any money or property received by action or compromise in the resolution prior to trial or arbitration of Bozinovski’s medical malpractice action or 45 percent of any…