Stock v. Law Offices of Hervert Hafif

Filed 1/31/07  Stock v. Law Offices of Hervert Hafif CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE

            APPEAL from orders of the Superior Court of Los Angeles County, Peter J. Meeka, Judge.  Affirmed.

            Law Offices of Herbert Hafif, Herbert Hafif, Greg K. Hafif and Michael G. Dawson for Defendants and Appellants.

            Sheppard, Mullin, Richter & Hampton, Isabelle L. Ord; Law Office of Ronald C. Stock and Ronald C. Stock for Plaintiff and Respondent.

____________________________

I.          INTRODUCTION

            Defendants, Herbert Hafif and the Law Offices of Herbert Hafif (the Hafif firm), appeal from orders granting a new trial and denying a motion to vacate a judgment in favor of plaintiff, Ronald C. Stock doing business as the Law Office of Ronald C. Stock.  We find no manifest and unmistakable clear abuse of discretion.  Accordingly, we affirm the new trial order.  Because it is moot, we also affirm the order denying defendants' motion to vacate the judgment and enter a different judgment.

II.         BACKGROUND

            Plaintiff filed suit in July 2000 to recover attorney fees earned assisting defendants in representing clients.  The operative pleading is a September 4, 2001 fourth amended complaint.  Plaintiff alleged:  defendants breached a 1993 oral fee agreement; the oral agreement was to the effect that plaintiff and defendant would work together as co-counsel; the fees paid to plaintiff â€