Spahl

Spahl v. Santiago CA2/2

Good Law
Court of Appeal of CaliforniaMay 9, 2013B236369California2,358 words

Opinion

Opinion

BACKGROUND

The parties’ November 2009 settlement agreement Defendant Santiago and his law firm, SRJ, represented plaintiffs for approximately four years in trust litigation involving the Franz Spahl Inter Vivos Trust, Los Angeles Superior Court case No. GP011784 (the trust litigation). Plaintiffs terminated SRJ’s representation and retained new counsel on April 15, 2009. At the time plaintiffs terminated SRJ’s representation, they owed SRJ a significant amount of unpaid attorney fees, and SRJ filed an arbitration claim seeking payment of those fees. The parties eventually settled their dispute and entered into a written settlement agreement on November 10, 2009. The settlement agreement included a mutual general release, a release of unknown claims under Civil Code section 1542, and an express waiver of all rights to bring suit against each other as a result of any claims for actions, omissions, errors, or other acts predating the settlement agreement. Plaintiffs were represented by counsel in connection with the settlement, and counsel executed the settlement agreement as to form. Defendants thereafter dismissed their arbitration claims. The instant action On February 14, 2011,…

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