Betts v. Republic Indemnity Co. of America

WOOD, J. In this action for attorney’s fees, judgment was for plaintiff for $4,700. Defendant appeals from the judgment.

Plaintiff alleged, in his complaint, that defendant became indebted to him in the sum of $5,000 for the reasonable value of services rendered, and no part thereof had been paid except $300. Defendant denied the allegation, except the part there[452]of that it had paid $300. As a further answer, defendant alleged that it was orally agreed between plaintiff and defendant that plaintiff’s fees for legal services would be a minimum of $300 “up to a maximum” of $750, the exact amount of said fees to be dependent upon the amount of services to be rendered, but in no event to exceed $750.

The court found as follows: that during July and October, 1945, the defendant retained the services of plaintiff, an attorney at law, for the purpose of securing the admission of defendant to do business in California; plaintiff individually or through attorneys employed in his office, spent approximately 200 hours in matters of negotiation, research of the law, preparation of documents, conferences with the client and representatives of the insurance commissioner, and other necessary services, some of which were beyond the scope originally anticipated by defendant; said services covered a period of time between July 15, 1945, and September 5, 1946; as a result of the services of plaintiff the defendant was admitted as an insurance carrier to do business in California, and .defendant was permitted not only to write the insurance which it originally requested but also workmen's compensation insurance, and this result was particularly attributable to the efforts of plaintiff and it represents an extraordinary result beneficial to defendant; the services of plaintiff were reasonably worth $5,000, and that $300 of said sum had been paid to plaintiff. The court also found that there was no agreement, oral or otherwise, that plaintiff’s fees for legal services would be “a or in a minimum fee of $300.00, or otherwise, or a or any maximum fee of $750.00, or otherwise, and in that connection, finds in fact that the agreement was to pay the reasonable value of the services rendered.”

Appellant asserts that said finding, that there was no oral agreement that plaintiff’s fees would be a minimum of $300 or a maximum of $750, is not supported by the evidence.

Appellant’s three witnesses, who were officers of appellant, testified in substance that plaintiff told them that his charge would be from a minimum of $300 to a maximum of $750.