FILBIN v. FITZGERALD

No. A128544.

211 Cal.App.4th 154 (2012)

149 Cal. Rptr. 3d 422

JAMES FILBIN et al., Plaintiffs and Appellants, v. HERMAN H. FITZGERALD et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Two.

November 20, 2012.


Attorney(s) appearing for the Case

William Keith Brewer ; Law Offices of Daral B. Mazzarella, Daral B. Mazzarella ; Boudreau Williams and Jon R. Williams for Plaintiffs and Appellants.

Hayes, Scott, Bonino, Ellingson & McLay, Mark G. Bonino , Miya R. Peard , Stephen A. Scott ; Lewis Brisbois Bisgaard & Smith, Peter Dixon and Alexander A. Graft , for Defendants and Appellants.


OPINION

RICHMAN, J.

There is a type of attorney malpractice lawsuit known as a "settle and sue" case, which involves a former client suing after litigation has been settled. Depending on whether the disgruntled client was the plaintiff or the defendant in the antecedent lawsuit, the basis of the claim is that the settlement was less than it should have been, or more than it had to be, by reason of the negligence of the party's attorney...

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