Stearns

FACTS AND HISTORY OF THE PROCEEDINGS

The facts on the merits were undisputed due to the trial court ordering discovery sanctions preventing the defendants from introducing evidence against the complaint or in favor of their cross-complaint. The trial court also deemed the matters specified in plaintiff’s request for admissions and the genuineness of the documents specified in the same request for admissions as admitted by the defendants and conclusively established against them for all purposes in this action. By written agreement, defendants retained plaintiff in 2012 to represent them in the matter of R-Ranch Property Owners’ Assn. v. Bullock, Super. Ct. Siskiyou County, 2017, No. SCCVCV 12-132 (Bullock). Defendants agreed to pay plaintiff for his services at the rate of $250 per hour, and to pay for other services provided by plaintiff’s office and for incurred costs. Plaintiff at no time during his representation of defendants agreed to modify or waive his hourly rate or postpone payment. Payment was not contingent on defendants winning the case or any appeal or being awarded attorney fees. The parties expressly agreed that plaintiff would not provide legal services for any…