Hoult v. Beam

[737]

VAN DYKE, P. J.

This is an appeal from an order granting plaintiff’s motion for a substitution of attorneys. Appellant had been the sole attorney of record for plaintiff and the cause had proceeded beyond the point of a pretrial conference order.

Appellant had been employed by a written agreement with respondent Hoult, whereunder appellant was to take whatever action he deemed appropriate against L. Mills Beam and others to obtain a termination of Beam’s rights as lessee of mining claims owned by Hoult, and to obtain from Beam and others an accounting of minerals removed from the leased claims. It was agreed that appellant’s compensation, whether results were obtained by compromise or through judgment, should be “A deed to an undivided l/20th interest in the subject property described in aforesaid lease, a l/20th royalty of all minerals extracted from said premises and fifty percent of the recovery of all money or other thing of value recovered from L. Mills Beam or others incident to any compromise or judgment for damages or loss for breach by him of said lease.” The agreement as executed required Hoult to furnish litigation costs. It was modified by a second agreement which, in consideration of appellant’s agreement to furnish costs, provided that appellant was to receive an additional 20 per cent interest in the mining claims. Hoult, pursuant to the employment agreement as amended, conveyed to appellant the agreed 25 per cent interest in the claims.

Appellant resisted plaintiff’s application to the court for an order substituting attorneys and the matter was heard. The court granted the motion for substitution, ordered that appellant be relieved from further duties in connection with the litigation and ordered that he retain a 5 per cent interest in the mining property and that he be allowed $350 for costs already advanced. From that order this appeal is taken.

The order granting a substitution was proper and must be affirmed.

(Echlin

v.

Superior Court,

13 Cal.2d 368 [90 P.2d 63, 124 A.L.R. 719];

O’Connell