Shabsis

Shabsis v. Advocate Capital CA2/2

Good Law
Court of Appeal of CaliforniaJuly 1, 2024B330362California4,751 words

Opinion

Opinion

FACTS AND PROCEDURAL BACKGROUND

I. Lender Obtains an Interest in Lawyer’s Anticipated

Recovery Lisa Maki (Maki) was a California attorney who financed some of her litigation expenses through loans from Advocate Capital, Inc. (Advocate), a specialized lender. In exchange for those cash advances, Maki—by written agreements in 2010 and 2015—granted Advocate a “continuing security interest” in her present and future rights to receive payments for her legal services in any client matter.

“SLAPP” is short for “strategic lawsuit against public participation.”

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

2 Maki did not repay her outstanding loan balance, which approached $1 million by 2018.

II. Lawyer Has Potential Right to Payment in Personal

Injury Lawsuit A. Lawyer joins as cocounsel in the Shabsis lawsuit On Christmas Eve 2014, Michael Shabsis (Shabsis) sued the pharmaceutical company Pfizer Inc. (Pfizer) and the County of Los Angeles (the County), among other parties, for $35 million in injuries he inflicted upon himself while in a “delusional” state in jail after taking a Pfizer medication to stop…

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