Levin

Levin v. Gulf Insurance Group

Good Law
1999 Cal. App. LEXIS 113·69 Cal. App. 4th 1282·82 Cal. Rptr. 2d 228·99 Daily Journal DAR 1445·99 Cal. Daily Op. Serv. 1216
Court of Appeal of CaliforniaFebruary 16, 1999B121798California2,120 words

Opinion

Opinion

Mallano, J.

Plaintiff and appellant Robert S. Levin (appellant) appeals from a judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of defendants and respondents Gulf Insurance Group (Gulf), Norby & Brodeur and Ruben Baeza, Jr. (Baeza).

In reviewing the sufficiency of a complaint against a general demurrer that was sustained, we treat the demurrer as admitting all material facts that are properly pleaded and determine whether the complaint states facts sufficient to constitute a cause of action. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [ 216 Cal.Rptr. 718 , 703 P.2d 58 ].) Moreover, “[i]n the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties.” (Code Civ. Proc., § 452.)

Factual and Procedural History

In his complaint, appellant alleges in essence as follows. Appellant, an attorney, was retained by Keith Piontkowski in connection with a motor vehicle accident in which the latter was injured. A written contingent fee agreement was entered into providing appellant with a lien for attorney fees and costs against any…

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