Feierbach

Feierbach v. Wynn

Good Law
18 Cal. Rptr. 697·1962 Cal. App. LEXIS 2852·199 Cal. App. 2d 454
Court of Appeal of CaliforniaJanuary 24, 1962Civ. No. 6529California816 words

Opinion

Lead Opinion

Coughlin, J.

The issue on this appeal concerns the sufficiency of an affidavit to support an order striking a counterclaim and granting a motion for a summary judgment in favor of the plaintiff.

*455 The plaintiff, who is the respondent herein, is an attorney; brought an action against the defendant, the appellant herein, who is his client, for services rendered; moved the trial court to strike an answer and counterclaim filed by the defendant; and also moved the court to enter a summary judgment in his, the plaintiff’s, favor. The motion was granted. Judgment was entered thereon. The defendant moved that the judgment be set aside. This motion was denied. Thereupon the defendant appealed from the judgment entered and from the order refusing to vacate the same.

On appeal the defendant limits his ground for reversal to an alleged error by the trial court in granting the plaintiff’s motion as it applied to his counterclaim, contending that the affidavit in support thereof was insufficient to justify the order made. By the counterclaim in question the defendant alleged that the services rendered by the plaintiff, for which the latter brought this action, were “performed ... in such a careless,…

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