Weiser v. Brown
Defendant and appellant Kathryn E. M. Brown was sued by her former family law attorney, plaintiff and respondent Barbara J. Weiser, for unpaid legal fees arising out of a contested dissolution proceeding. Brown responded with her cross-complaint for damages for breach of contract, fraud, legal malpractice, and breach of fiduciary duty. The matter went to jury trial and the verdict awarded Weiser contract damages in the amount of $57,500, plus attorney fees and costs to be determined. Brown was not awarded any relief on her cross-complaint. Later, the court granted Weiser's motion for an award of $50,250 attorney fees, prejudgment interest from the date the action was filed in the amount of $10,743.84, and costs of suit.
Brown appeals the judgment, contending the trial court erred in several respects regarding Brown's requests for production of bank records and "bank statements" of trust accounts from her former attorney, Weiser. Specifically, she argues a previous stipulation on the matter was not properly enforced, her subpoena for such bank documents and statements was erroneously quashed shortly before trial, and the trial court should have granted her motion to dismiss Weiser's action, on the same grounds of nonproduction of required bank statements.
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