Smith, Smith & Kring v. Superior Court of Orange Cty.

Good Law

1997 Cal. App. LEXIS 1102·60 Cal. App. 2d 573·60 Cal. App. 4th 573·70 Cal. Rptr. 2d 507·97 Daily Journal DAR 13

Court of Appeal of CaliforniaDecember 30, 1997G021209California2,845 words

Opinion

Rylaarsdam, J.

The law firm of Smith, Smith & Kring, and Attorneys Stuart Smith, Gregory Brown and Jeffrey Marquart (collectively SS&K) petitioned to vacate respondent superior court’s order recusing the law firm of Haight, Brown & Bonesteel (HB &B) from representing them in a legal malpractice action filed by real party in interest Grace Oliver. Initially, we denied the petition, but the Supreme Court granted review and transferred the matter to us with directions to issue an alternative writ. We complied and now issue a writ granting the petition, finding the admissible evidence does not support recusal of HB&B.

Facts

SS&K represented Oliver in an action for personal injuries arising from an automobile accident. HB&B represented the defendants in that lawsuit. During trial, Oliver agreed to settle the personal injury action in return for payment of $275,000, payable to her attorneys in trust, and execution of an agreement promising to indemnify the defendants in that action and HB&B.

Subsequently, Oliver sued SS&K seeking damages on several theories, including legal malpractice, fraud and breach of fiduciary duty. Her first amended complaint alleges the actual value of the personal…

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