Olsen

Olsen v. Harbison

Good Law
119 Cal. Rptr. 3d 460·191 Cal. App. 4th 325·2010 Cal. App. LEXIS 2161
Court of Appeal of CaliforniaDecember 1, 2010No. C058943California6,074 words

Opinion

Lead Opinion

Hull, J.

This case involves a dispute between two attorneys over the division of fees. A client hired plaintiff Christopher J. Olsen to represent her in a personal injury action. Plaintiff subsequently brought in associate counsel, defendant Joseph F. Harbison III, doing business as Law Offices of Joseph F. Harbison & Associates. The client soon fired plaintiff and retained defendant. The case settled for $775,000.

Plaintiff filed a complaint against defendant to recover attorney fees by asserting claims for quantum meruit, breach of contract, fraud and deceit, intentional interference with contractual relationship, and imposition of constructive trust. In several rulings, the trial court disposed of these claims in favor of defendant.

Plaintiff appeals from the ensuing judgment and challenges each of the trial court’s determinations. We affirm the judgment.

Facts and Proceedings

In 1998, Kathleen Klawitter was injured at a golf course. She signed a contingent fee retainer agreement for plaintiff to represent her in a personal injury action.

In 2002, plaintiff decided to associate more experienced trial counsel into the case, and he contacted defendant. The two attorneys…

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