Daily v. Racine
Karen Daily sued Robert E. Racine for legal malpractice, breach of fiduciary duty, breach of contract, and fraud. Racines demurrer was sustained without leave to amend and Daily (in propria persona) appealed. We affirmed. (Daily v. Racine (Feb. 23, 2007, B186944) [nonpub. opn.].) Meanwhile, Racine had moved for an order obligating Daily to pay his attorneys fees, contending Dailys legal malpractice suit was an action based upon a contract within the meaning of an attorneys fee provision in his retainer agreement. The trial court agreed, and ordered Daily to pay $19,386.60 to Racine for his fees and costs. Daily (once again appearing in propria persona) appeals. Court reverse the attorney fee award but affirm the cost award.
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