PLCM GROUP v. DREXLER

No. S080201.

95 Cal.Rptr.2d 198 (2000)

22 Cal.4th 1084

997 P.2d 511

PLCM GROUP, Inc., Plaintiff and Respondent, v. David DREXLER, Defendant, Cross-complainant and Appellant; Dearborn Insurance Company et al., Cross-defendants and Respondents.

Supreme Court of California.

As Modified June 2, 2000.


Attorney(s) appearing for the Case

David Drexler, in pro. per.; Hart & Watters and Thomas L. Watters for Defendant, Cross-complainant and Appellant.

Shand S. Stephens and Laurie J. Falik, San Francisco, for Plaintiff and Respondent and for Cross-defendants and Respondents Dearborn Insurance Company and Anglo-American Insurance, Ltd.

Wilson, Elser, Moskovitz, Edelman & Dicker, Patrick M. Kelly, Martin K. Deniston and Jonathan C. Balfus, Los Angeles, for Cross-defendant and Respondent Assicurazioni Generali, S.P.A.

Benjamin C. Sybesma and Joel H. Levinson, West Sacramento, for California Correctional Peace Officers Association as Amicus Curiae on behalf of Plaintiff and Respondent.

Eric B. Simon, Santa Rosa, for California International Chemical Company, Inc., as Amicus Curiae on behalf of Plaintiff and Respondent.

James R. Edwards, Aurora, IL, Steven Alan Bennett, Columbus, OH, John H. McGuckin, Jr., San Francisco, and Susan J. Hackett, Washington, DC, for American Corporate Counsel Association as Amicus Curiae on behalf of Plaintiff and Respondent and Cross-defendants and Respondents.

Richard A. Rothschild and Lauren Saunders, Los Angeles, for Western Center on Law and Poverty and Bet Tzedek Legal Services as Amici Curiae.

Horvitz & Levy, Barry R. Levy, Daniel J. Gonzalez, Encino, Jon B. Eisenberg, Oakland; and Carole Runcie Sherman, Calabasas, for the Los Angeles County Bar Association as Amicus Curiae.


MOSK, J.

We granted review in this matter to address the question whether an entity that is represented by in-house counsel may recover attorney fees under Civil Code section 1717. As will appear, the answer is yes. Like private counsel, in-house counsel stand in an attorney-client relationship with the corporation and provide comparable legal services. In the case of such representation, the trial court retains...

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