Lindstrom v. Ahmed CA6
Cross-complainants Carl A. Lindstrom and James A. Otto were cross-defendant Nasteho Ahmed’s attorneys in her employment discrimination lawsuit against a hospital. After settling with the hospital, Ahmed refused to honor the contingent attorney’s fee agreement she had entered into with Lindstrom. The hospital filed an interpleader action to resolve the dispute. Lindstrom and Otto cross-complained against Ahmed for breach of the contingency agreement, and prevailed following a bench trial. Lindstrom was awarded contractual attorney’s fees (Civ. Code, § 1717) to pay Otto for representing him in the breach of contract case. Ahmed appeals the trial court’s order granting attorney’s fees, arguing based on Trope v. Katz (1995) 11 Cal.4th 274 (Trope) that Lindstrom’s and Otto’s status as Ahmed’s prior co-counsel precludes them from recovering Civil Code section 1717 attorney’s fees. For the reasons stated here, we will affirm the trial court’s order after judgment.
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