Lanz v. Goldstone

Filed 12/29/15 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

BRIAN P. LANZ, Plaintiff and Respondent, A141694 v. PETER GOLDSTONE, (Sonoma County Super. Ct. No. SCV254359) Defendant and Appellant.

Appellant Peter Goldstone is a Santa Rosa attorney. So is respondent Brian Lanz. Lanz represented Hebe Garcia-Bolio (Bolio) in a Marvin action,1 in connection with which Lanz had a contingency fee agreement. The Marvin action settled on the third day of trial, following which there soon arose a dispute as to the value of the settlement—and therefore Lanz’s fee. Lanz filed suit against Bolio, who failed to respond, and her default was taken. Goldstone became Bolio’s lawyer and, following relief from default, filed an answer and, as pertinent here, a cross-complaint. The cross-complaint had three causes of action, including breach of fiduciary duty and professional negligence, and it alleged several ethical violations by Lanz of the Rules of Professional Conduct and the Business and Professions Code, including that he acted with “moral turpitude.” By motions, Lanz defeated Bolio’s claims in the cross-complaint, leaving extant only Lanz’s claim against Bolio. That claim went to trial, with Lanz obtaining a complete victory, in a statement of decision highly critical of Bolio’s conduct. Lanz then sued Goldstone for malicious prosecution. Goldstone filed an anti- SLAPP motion to dismiss. The trial court denied it, concluding that Lanz met his burden 1 Marvin v. Marvin (1976) 18 Cal.3d 660.

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under prong two of the anti-SLAPP analysis, demonstrating a probability of success on all three elements of malicious prosecution. We reach the same conclusion, and we affirm. BACKGROUND The Parties, the Marvin Action, and the Settlement Bolio and Denis Ronchelli were involved in a relationship that began in 1991 and ended in 2009. They were not married. They apparently lived in a house on King Street, Santa Rosa, a house owned by Ronchelli. He also owned a house in Modesto. The record does not reveal much else about either of them or their relationship. One thing we do know, because Goldstone tells us, is that Bolio is a CPA, apparently one who is, as Goldstone’s counsel admitted at oral argument, “internationally certified.” In October 2009, Bolio retained Lanz to represent her in an action against Ronchelli, in connection with which Bolio signed an “Attorney-Client Contingency Fee Contract” (contract). The contract provided that Bolio was “hiring us to represent you in the matter of your claims against Denis W. Ronchelli, arising out of your relationship with him over the past 18 years. . . . If a court action is filed, we will represent you until a settlement or judgment, by arbitration or trial, is reached, and in connection with any appropriate post-trial motions.” The contract also provided as follows: “6. LEGAL FEES AND COSTS. We will only be compensated for legal services if a recovery is obtained for you. If no recovery is obtained, you will be obligated to pay only for costs, disbursements and expenses as described below. “The fees to be paid by you to us will be 33 1/3 % (thirty-three and one-third percent) of the total recovery. Afterward, all unpaid costs and disbursements set forth in Paragraph 8, will be subtracted and the remainder paid to you. In the event that the case should go to trial or arbitration, or within 60 days from the first scheduled trial date or arbitration date, the fees to be paid by you to us will be 40% (forty percent) of the total recovery. [¶] . . . [¶]