Schonbrun Desimone v. Benham CA2/5

INTRODUCTION

Defendant Alicia Benham appeals from the trial court’s order denying her Motion to Set Aside Default Judgment in favor of her former attorneys, Schonbrun DeSimone Seplow Harris Hoffman & Harrison, LLP (the “Law Firm”). She contends the court abused its discretion by denying her motion. We determine that the court acted well within its discretion in denying the motion, and so affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

This case arose from Ms. Benham’s failure to pay legal fees to the Law Firm after it successfully represented her in an action against Walgreens and S&J Security Services. The first lawsuit, Benham v. Walgreens et al., LASC Case No. BC 323316, focused on Ms. Benham’s false arrest, negligence, and civil rights violations by security guards employed by S&J Security Services working as agents for Walgreens. The Law Firm obtained a $2.1 million jury verdict in Ms. Benham’s favor and was awarded attorney fees. The Law Firm also successfully represented Ms. Benham in the appeal of the verdict by S&J Security Services. According to its complaint, the Law Firm provided Ms. Benham with all funds she was entitled to and fully accounted for how her…