ALVARADO COMMUNITY HOSPITAL v. SUPERIOR COURT

Docket Nos. D003318, D003462.

173 Cal.App.3d 476 (1985)

219 Cal. Rptr. 52

ALVARADO COMMUNITY HOSPITAL, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; VERONICA PEGG et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division One.

October 18, 1985.


Attorney(s) appearing for the Case

COUNSEL

Shelley A. Bayer, Dummit & Agajanian and Scott McFall for Petitioner.

No appearance for Respondent.

Thomas F. Friedberg and Frank, Roseman, Freedus & Mann for Real Parties in Interest.

Herbert M. Rosenthal, Truitt A. Richey, Jr., and Ellen A. Pansky as Amici Curiae on behalf of Real Parties in Interest.


OPINION

WIENER, J.

The principal question presented in these consolidated petitions for writ of mandate is whether a client, defrauded when her attorney settled a lawsuit without authorization and absconded with the funds, may seek and obtain reimbursement of the settlement proceeds from the State Bar's client security fund (CSF), and at the same time pursue the original lawsuit against the defendant who paid the proceeds to the fraudulent...

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