Contemporary Services v. Law Offices of Sean Ellis
Attorneys Sean Ellis and David Kahn represented Contemporary Services Corporation, Damon Zumwalt and Peter Kranske (collectively CSC) in an attorney malpractice action. After the malpractice action settled, a dispute arose regarding these parties respective rights to the settlement monies. That dispute led to litigation, a jury trial and a November 14, 2003, judgment, pursuant to which Ellis and Kahn were awarded reasonable attorney fees in the amount of $369,000 under the doctrine of quantum meruit. This court affirmed the judgment in March 2006. (Contemporary Services Corporation, et al. v. The Law Offices of Sean Ellis, et al. (Mar. 21, 2006, A105410) [nonpub. opn.] (CSC I).)
Thereafter, Ellis and Kahn sought post-judgment interest at the statutory rate. Instead, the trial court issued an order providing that interest which had actually accrued on the settlement monies while they were held in a client trust account was to be divided pro rata between the parties. Ellis and Kahn appeal, maintaining they are entitled to interest at the statutory rate. Court agree and, therefore, reverse the post judgment order.
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