Davis

Davis v. Nadrich

Bad Law
174 Cal. App. 4th 1·2009 Cal. App. LEXIS 813·94 Cal. Rptr. 3d 414
Court of Appeal of CaliforniaApril 27, 2009B202868California4,184 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

Plaintiff and appellant Joseph Daniel Davis (Davis), an attorney, was a partner in a law firm with John C. Heubeck. On appeal, Davis claims that defendant' and respondent Jeff Ira Nadrich interfered with the Davis/Heubeck partnership agreement by referring cases to Heubeck, personally. Davis appeals from a summary judgment entered in favor of Nadrich and in favor of defendants and respondents Randal Neal Cohen (Cohen) and the law firm of Nadrich & Cohen, LLP. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

1. Facts.

Davis’s law practice primarily focused on asbestos litigation. He was in a law partnership named Davis & Thomas. While that firm was winding down, Davis entered into a 1999 oral agreement with Heubeck. Heubeck and Davis formed the law partnership of Davis & Heubeck to represent plaintiffs in asbestos-related or toxic tort litigation. Davis and Heubeck did not agree to remain partners until the expiration of a definite term or the completion of a particular undertaking. Each partner had the right to end the partnership and to begin the period of winding up the firm. The agreement provided that Davis was to be the trial attorney, receiving 60…

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