Rosso

Background Defendant represented plaintiff from April 22, 2009 to October 19, 2009, in her action against Fenn C. Horton III and Pahl & McCay (collectively, Horton) for professional negligence and breach of fiduciary duty. That lawsuit eventually ended in an arbitration award of costs to Horton, after defendant withdrew from representing plaintiff. Her appeal from the judgment confirming the award was unsuccessful. (H035661)2 On October 8, 2010, plaintiff brought this action in propria persona against defendant and his law firm, claiming professional negligence and breach of contract. In her third amended complaint for "Breach of Contract and Fiduciary Duty,"3 she alleged that defendant's "untimely withdrawal" from her case against Horton had caused her to incur sanctions for failing to appear for a deposition and to expend time preparing the case instead of looking for a new attorney. Defendant had also charged plaintiff "unconscionable fees" and inflated the time spent on her case, and generally performed "worthless" services throughout his representation of her. At some point defendant appears to have cross-complained for breach of the retainer agreement; although that…