Pony

Pony v. County of Los Angeles

Good Law
433 F.3d 1138·2006 WL 51171
United States Court of Appeals for the Ninth CircuitJanuary 10, 200603-56855California4,753 words

Opinion

Opinion

Bybee, J.

The issue before us is whether a plaintiff bringing suit under 42 U.S.C. § 1983 can assign her right to seek attorney’s fees to her attorney. We answer that she may not, and we affirm the judgment of the district court.

I. FACTS AND PROCEDURAL HISTORY

On March 19, 2002, Wilma Pony, the legal guardian of Paulette Pony, a minor, filed suit against the County of Los Angeles (the “County”) and various employees of the Los Angeles Juvenile Alternative Work Program (“JAWS”) in the United States District Court for the Central District of California. The complaint alleged that Pony was a victim of various traditional torts and constitutional violations arising out of medical procedures she was subjected to by JAWS employees on April 24, 2001.

On March 4, 2002, Pony entered into a retainer agreement with attorneys Michael Mitchell and David Margulies. The agreement contained the following provision:

(emphasis in original). The agreement also provided that the attorneys would receive the greater of one-third of the gross amount of the award (forty percent if set tlement was reached within sixty days of trial), or statutory attorney’s fees.

Mitchell began representing Pony and continued…

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