ACADEMY OF CALIF. OPTOMETRISTS v. SUPERIOR COURT

Docket No. 15147.

51 Cal.App.3d 999 (1975)

124 Cal. Rptr. 668

ACADEMY OF CALIFORNIA OPTOMETRISTS, INC., Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; ROBERT M. DAMIR, Real Party in Interest.

Court of Appeals of California, Third District.

October 7, 1975.


Attorney(s) appearing for the Case

COUNSEL

Karlton, Blease & Vanderlaan and John Metz for Petitioner.

No appearance for Respondent.

Zang, Friedman & Damir and Wilke, Fleury, Sapunor & Hoffelt for Real Party in Interest.


OPINION

PARAS, J.

This case presents an issue never before decided in California: May an attorney assert a contractual "retaining lien" upon files and papers of no monetary value given to him by his client or accumulated during his employment, by which he is entitled to possession of such documents until his fee is paid? Petitioner corporation seeks a writ of mandate after the superior court refused to order its former attorney, real...

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