Wright v. Security-First National Bank

WASTE, C. J.

The plaintiffs and appellants have moved this court for a substitution of Morris Lavine as attorney in the place and stead of their present attorney, Homer C. Compton, who opposes such substitution. Franklin P. Bull, who appeared as cocounsel in the trial court for plaintiffs and appellants joined in a stipulation that substitutes Lavine as attorney for appellants in his place and stead. As the cause in which the substitution is sought is now pending on appeal in this court, this is the proper forum in which to seek such relief.

(Jacobus

v.

Jacobus,

208 Cal. 562, 563 [282 Pac. 796] ;

Estate of Cazaurang,

1 Cal. (2d) 712, 717 [36 Pac. (2d) 1069].)

The action in which the substitution is sought is one in ejectment to recover the possession of real property. Attorney Compton, whom it is here sought to oust, instituted the same on behalf of the plaintiffs under a written contract of employment by the terms of which he and his former associate herein (Franklin P. Bull who, as stated, voluntarily

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stepped aside), were to receive “as a consideration . . . for their services as attorneys . . . fifty per cent (50%) of

whatever amount is recovered

either by suit, judgment or compromise either of money, rent or property

which may he recovered”

and the plaintiffs “do by these presents assign and set over . . . fifty per cent (50%) of any interests which they may have or which they may recover

in said litigation”

and any advancements by said attorneys for costs and expenses of the litigation “shall be chargeable and deductible from

whatever interest is recovered”

by the plaintiffs and “in the failure to recover any valuable thing from the claims as above set forth, the said [attorneys] should not be entitled to compensation for their services and the [plaintiffs] shall not be obligated to pay for such services.”