Martinez

Martinez v. Mayberry CA1/3

Good Law
Court of Appeal of CaliforniaMarch 24, 2015A142389California845 words

Opinion

Opinion

DISCUSSION

We initially note that in opposing the motion to resolve their outstanding liens, appellants did not specifically raise the issue of the trial court’s jurisdiction. And, generally, we will not consider issues raised for the first time on appeal “ ‘where an objection could have been but was not presented to [the trial court] by some appropriate method.’ ” (Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal.3d 180, 184-185, fn. 1.) “However, where, as here, the issue is purely legal and presented to us on

2 undisputed facts, and involves a matter of public interest, we retain discretion to decide it.” (Bialo v. Western Mutual Ins. Co. (2002) 95 Cal.App.4th 68, 73.) “California recognizes that liens may be created by contract of the parties. [(Civ. Code, § 2881, subd. (1).] . . . [¶] This is not an uncommon arrangement with attorneys and their clients, and is indeed often the only way people with meritorious claims can obtain legal representation. [(Cetenko v. United California Bank (1982) 30 Cal.3d 528, 536, 179 Cal.Rptr. 902, 638 P.2d 1299).] An attorney will agree to represent a client in a dispute, and to secure payment, will accept a lien on any proceeds which may…

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