Blum v. Republic Bank

Opinion

ALDRICH, J.

Introduction

Appellant Attorney B. Daniel Lynch appeals from a $2,500 sanction order. We reverse.

Factual and Procedural Background

On February 16, 1996, Lynch filed a lawsuit entitled Montgomery v. Republic Bank (No. BC144539) in the Los Angeles Superior Court. This class action lawsuit sought recovery on behalf of thousands of investors who allegedly lost millions of dollars when illegal transfers were made from their retirement accounts at Republic Bank by the fund administrator, Qualified Pensions, Inc. The lawsuit was brought by Sandra Montgomery and John Chavanne on behalf of themselves and all other persons who deposited retirement money with Republic Bank.

Respondent Robb Evans (Receiver) was appointed as the receiver for Qualified Pensions by the federal court. On August 13, 1996, Receiver filed

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a Los Angeles Superior Court case (Qualified Pensions, Inc. v. Republic Bank (No. YS005334)) to recover money deposited with the bank.

It appears that the two cases were consolidated, along with other actions, including Blum v. Republic Bank (No. BC138614).

On October 29, 1997, Lynch called the clerk in department 22 and requested that a status conference be scheduled. He made the request without conferring with other counsel. The clerk and Lynch agreed that the status conference would be set eight days later, on November 7, 1997. Lynch gave notice by mail.

By letter dated October 31, 1997, the law firm of Rossbacher & Associates informed the trial court that none of the other counsel knew Lynch was seeking a status conference.

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This letter also suggested that a status conference the next Friday was neither warranted nor appropriate at that time, and should be taken off calendar, as the parties were scheduled to appear on December 2, 1997, on a motion for preliminary approval of the settlement of the consolidated cases. The proposed settlement resolved certain insurance coverage issues and included a plan for asset allocation.