Brienza
Brienza v. Tepper
Opinion
Opinion
Hoffman, J.
Defendants Jerry J. Tepper and C.F. Group, Ltd. (together Tepper) appeal an order finding plaintiff Ralph Brienza’s (Brienza) attorney’s lien for contingency fees in the underlying lawsuit against Tepper was entitled to priority over a subsequently acquired offset obtained by Tepper (the judgment debtor) against Brienza (the judgment creditor). We affirm.
Facts
The parties agree no disputed facts exist in this case which we summarize below.
San Diego Case
On April 4, 1990, Brienza filed the underlying lawsuit against Tepper. The complaint alleged various causes of action arising out of a breach by Tepper of an alleged oral partnership agreement.
On January 24, 1991, Brienza retained Attorney Gino V. Mazzanti (Mazzanti) under a contingency fee agreement. The agreement provided that Brienza granted Mazzanti a lien on Brienza’s claim to secure attorney fees and costs.
After a court trial, judgment was entered on July 8, 1992, in favor of Brienza and against Tepper in the amount of $99,773 and postjudgment interest at a rate of $27.33 per day.
Colorado Case
On March 4, 1991, in Jefferson County, Colorado, First Interstate Bank (FIB) obtained a judgment against Brienza…