Gutierrez

INTRODUCTION

This is a class action brought by plaintiff and appellant Luis Gutierrez on behalf of himself and all other persons who were represented by defendants and respondents Thomas V. Girardi and his law firm Girardi & Keese (collectively G&K) in a previous lawsuit by employees of Lockheed Corporation (Lockheed) against Lockheed and other defendants (Lockheed Action). Gutierrez appeals from a judgment following an order granting G&K’s motion for summary judgment.

Over a period of about 10 years, G&K negotiated settlements with most of the defendants in the Lockheed Action on behalf of Gutierrez and other *928 plaintiffs in that action. Gutierrez received a series of payments as his share of the settlement proceeds. Subsequently, three of the nonsettling defendants in the Lockheed Action filed a motion for summary judgment against Gutierrez on the ground that his action was barred by the statute of limitations. The motion was granted and judgment was entered in the Lockheed Action against Gutierrez with respect to the nonsettling defendants.

The gravamen of Gutierrez’s allegations in this action is that G&K misappropriated part of the settlement funds paid by the…