Dzwonkowski

Dzwonkowski v. Spinella

Caution
133 Cal. Rptr. 3d 274·200 Cal. App. 4th 930·2011 Cal. App. LEXIS 1408
Court of Appeal of CaliforniaOctober 27, 2011No. G044336California2,670 words

Opinion

Lead Opinion

Fybel, J.

Introduction

Michael Spinella retained the Law Offices of Edward A. Dzwonkowski (the Dzwonkowski firm) to represent him in a probate matter. Russ Boltz, of counsel to the Dzwonkowski firm, took over the matter representing Spinella when it proceeded to litigation. A dispute over the payment of attorney fees arose between Spinella and the Dzwonkowski firm, and Dzwonkowski retained Boltz to represent him in the mandatory fee arbitration and later court proceedings. The arbitration panel found in favor of Dzwonkowski and against Spinella, and awarded Dzwonkowski in excess of $33,000 in unpaid attorney fees.

*933 The trial court confirmed the arbitration award. Dzwonkowski filed a motion for attorney fees incurred in the arbitration proceeding and in the proceeding to confirm the award, which the court granted in full. On appeal from the order granting the attorney fees motion, Spinella argues (1) Dzwonkowski is not entitled to recover fees, and (2) the trial court erred in awarding the full amount of attorney fees sought by Dzwonkowski.

Having independently reviewed the record, we conclude the trial court did not err in granting Dzwonkowski’s motion. Substantial evidence…

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