McManus v. Montgomery

SEAWELL, J.

This is an action by an assignee for collection to recover the reasonable value of legal services rendered for defendant herein in a separate maintenance action wherein a decree was rendered in her favor. The present action also includes the claim of a detective agency, assigned to plaintiff, for services performed in connection with the action. The legal services in question were performed by three attorneys. The court gave judgment for plaintiff herein, assignee of said attorneys and of the detective agency, for

[399]

$2,185.28, consisting of attorneys’ fees in the amount of $2,000, less $250 paid on account, expenses incurred by the attorneys in connection with the separate maintenance action in the amount of $287, and $148.28 for services rendered by the detective agency. On this appeal by defendant no question is raised as to this item of $148.28.

Before trial of the separate maintenance action the court made an order against the husband allowing the wife $250 on account of attorneys’ fees, payable forthwith, and $250 for costs of suit, $50 of which was payable forthwith, and the balance as required. The judgment, rendered on September 3, 1936, made a further allowance to the wife of $400 “for and as attorneys’ fees for the prosecution and maintenance of this action until the entry of judgment”. Until August 27, 1937, when section 137.5, Civil Code, went into effect, the allowance of attorneys’ fees against the husband was required to be made to the wife, rather than directly to the attorney.

(Keck

v.

Keck,

219 Cal. 316 [26 Pac. (2d) 300];

Stevens

v.

Stevens, 215

Cal. 702 [12 Pac. (2d) 432].)

Mrs. Montgomery alleged in her complaint for separate maintenance that there was community property of the value of approximately $50,000, in the exclusive control of her husband; that he earned approximately $18,000 a year from the practice of law; and that she was without funds to support herself or to pay costs, expenses and attorneys’ fees to prosecute the action. This complaint was prepared by the attorneys whose claim for compensation is the subject of the present action.