Crasnick

Crasnick v. Marquez

Good Law
Court of Appeal of CaliforniaJune 21, 2016JAD16-04California3,418 words

Opinion

Opinion

Ricciardulli, J.

I. INTRODUCTION

Judgment was rendered against plaintiff Donald Crasnick, Trustee of the 1979 Ehrlich Investment Trust (Crasnick), in his unlawful detainer action against defendants Jesus Marquez (Marquez) and Milagro Diaz (Diaz). The court subsequently granted Diaz‟s motion for attorney fees. Crasnick obtained money awards in a separate subsequent unlawful detainer

1 judgment and a small claims action judgment against Marquez and Diaz, and then filed a motion to set off the attorney fees award with the two judgments. The court denied the motion to set off and Crasnick appealed. As discussed below, we affirm. The trial court correctly determined the lien on the attorney fees created pursuant to Diaz‟s retainer agreement with her lawyer, Deepika Sharma of Public Counsel (Sharma), had priority over Crasnick‟s judgments in his favor, and Crasnick failed to show the court abused its discretion in finding it would be inequitable to set off the attorney fees award with the judgments.

II. PROCEDURAL BACKGROUND

On June 23, 2014, Crasnick filed an unlawful detainer action against Marquez and Diaz for failure to pay rent for their apartment, and on July 21, 2014, Diaz agreed to be…

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