Whitcomb

FACTS AND PROCEDURAL HISTORY

Because the appeal arises on demurrer, we take the facts as pleaded in the first

amended complaint, the operative pleading. (Aubry v. Tri-City Hospital Dist. (1992)

Cal.4th 962, 966-967.)

In October 2009, plaintiff consulted with attorney Bonnheim for legal help

regarding her financial affairs. She sought assistance with a loan modification of her

home mortgage, and possibly bankruptcy protection. Plaintiff had received a

determination of disability, but the disability had affected plaintiff’s earning capacity, and

she was having trouble making the payments on her home. Attorney Bonnheim told

plaintiff that he would apply for a modification of her home loan to reduce the monthly

payments, and he would file a lawsuit against appropriate parties for causes of action

related to the loan. Attorney Bonnheim also told plaintiff that, if necessary, he would

seek bankruptcy protection for her, to prevent the loss of her home to foreclosure and a

trustee’s sale.

Plaintiff paid attorney Bonnheim a retainer of $4,400 for this work. Attorney

Bonnheim did not provide a written legal services contract to plaintiff.

2 According to plaintiff’s…