Berlin v. Pacific Western Bank

Filed 8/31/06 Berlin v. Pacific Western Bank CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County. George H. Wu, Judge. Affirmed.

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Robert Gentino for Plaintiff and Appellant.

Law Offices of William H. Newkirk, William H. Newkirk and Jill P. McDonnell for Defendant and Respondent.

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Michael Berlin appeals from the trial court's judgment on his conversion claim against Pacific Western Bank, formerly First Charter Bank (First Charter). The court awarded Berlin $28,503.12, but Berlin contends that the court calculated his damages improperly and should have awarded him prejudgment interest. We affirm.

BACKGROUND

In 1995, Berlin retained attorney Roger Kander to represent him on a contingent-fee basis in an uninsured motorist matter. In 1999, Berlin discharged Kander and retained William Newkirk in his place, but no new retainer agreement was ever prepared or signed. Newkirk pursued Berlin's claim through arbitration and, in January 2001, obtained an award of $219,313, plus costs. A few months later, the defendant in the arbitration sent Newkirk a check payable to Berlin, Newkirk, and Kander, in the amount of $223,458.92, which represented the full amount of the award plus interest.

Kander submitted an attorneys' fees lien for $29,009.68, but Newkirk negotiated the amount down to $23,362.30. Kander also authorized Newkirk to endorse the award check for him.

On April 10, 2001, Newkirk endorsed the award check for himself, for â€