Mojtahedi

INTRODUCTION

Plaintiff Michael M. Mojtahedi, the first of two attorneys to represent a pair of clients in a personal injury matter, appeals the trial court’s judgment sustaining the demurrer to his second amended complaint without leave to amend. In the underlying matter, Plaintiff represented the clients until Defendant Fernando D. Vargas substituted in as new counsel. Defendant obtained a settlement payment for the clients, which he deposited in his client trust fund account. Plaintiff never brought an action against his former clients to establish the reasonable cost of his attorneys fees, and instead unsuccessfully demanded payment of attorneys fees from Defendant. Plaintiff subsequently sued Defendant on the theory that he was owed a portion of the settlement checks. The trial court sustained Defendant’s demurrer to the second amended complaint because Plaintiff failed to establish the existence, amount, and enforceability of his attorneys fees lien in an independent action against the clients and thus could not allege damages in his pleading. We affirm for the same reasons.

FACTS AND PROCEDURAL BACKGROUND

In February 2010, Vincente Ramirez Vera and Josefina Ramirez…