Levin
Levin v. Gulf Insurance Group
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…