Garcia-Bolio v. Hibernian Properties CA5
Defendant and respondent, Brian P. Lanz, an attorney, represented plaintiff and appellant, Hebe Garcia-Bolio, in an action against Garcia-Bolio’s former fiancé. Garcia-Bolio signed a contingent fee agreement that contained a clause granting Lanz a lien on the proceeds recovered for Garcia-Bolio. In this litigation, Lanz obtained a residence for Garcia-Bolio. Lanz filed a notice of attorney lien and received a deed of trust securing this lien against the residence.
Lanz filed an action against Garcia-Bolio seeking a judicial declaration establishing the amount, validity, and enforceability of the attorney lien and deed of trust. After the trial court fixed the amount of the lien, Lanz proceeded with a non-judicial trustee’s sale of the residence.
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