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FRANKLIN v. APPEL

Docket No. B044548.

8 Cal.App.4th 875 (1992)

10 Cal. Rptr.2d 759

BERNARD FRANKLIN et al., Plaintiffs, Cross-defendants and Appellants, v. ELIEZER APPEL, Defendant, Cross-complainant and Respondent.

Court of Appeals of California, Second District, Division Three.

August 6, 1992.

Attorney(s) appearing for the Case

COUNSEL

Horvitz & Levy, George P. Schiavelli and Gregory R. Ellis for Plaintiffs, Cross-defendants and Appellants.

Rapkin, Gitlin, Moser & Schwartz, Michael J. Schwartz and Constantin Marcou for Defendant, Cross-complainant and Respondent.

OPINION

KLEIN, P.J.

Plaintiffs, cross-defendants and appellants Bernard Franklin and Judith Franklin (the Franklins) appeal a judgment awarding $705,000 in damages to their former attorney, defendant, cross-complainant and respondent Eliezer Appel (Appel), in an action to recover attorney fees.

The central question presented is whether the Franklins may avoid their contingency fee agreement with Appel on the ground the contract...

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