Curtis

Curtis v. Estate of Fagan

Good Law
82 Cal. App. 4th 270·98 Cal. Rptr. 2d 84
Court of Appeal of CaliforniaJuly 17, 2000E024452California4,537 words

Opinion

Opinion

Hollenhorst, J.

As part of a minor’s compromise, the trial court granted Gregory M. Lloyd’s request for quantum meruit attorney fees incurred in his capacity as minor’s former attorney. Minor’s present attorney, Gary J. Bryant, appeals, contending the court lacked jurisdiction to award such fees. He further challenges the sufficiency of the evidence to support the amount of fees awarded to Lloyd.

Facts and Procedural History

The father of minor Zzyzx Aaron Curtis died on September 18, 1995, as a result of injuries sustained in an accident occurring on August 12, 1995. On February 26, 1996, Bryant filed a wrongful death action on behalf of Michelle Jessop (Jessop action), minor’s mother and guardian ad litem. A few days earlier, on February 20, 1996, Lloyd had filed a separate complaint on behalf of John M. Clayton for personal injuries arising out of the same automobile accident that had resulted in the death of minor’s father. Clayton’s lawsuit was dismissed on August 14, 1996. Thereafter, Lloyd filed a notice of attorney’s lien in the Jessop action. According to Lloyd, in September 1995, Jessop had retained him to represent her as guardian ad litem for Zzyzx.

Following settlement of…

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