Equity/POOF!/Substantiation Of Fees: Reversal Of Default Judgment To Ex-Attorneys Against Client Meant Award Of Fees Had To Be Revisited Also

 

Further, Costs Needed To Be Authenticated Better.

     Bohm, Matsen, Kegel & Aguilera v. Bonilla, Case No. G048212 (4^th Dist., Div. 3 Sept. 9, 2014) (unpublished), authored by Justice Bedsworth, had this to say about a default judgment which needed some more development on remand: “Once again, we reiterate that obtaining a default is not the legal equivalent of hitting a fair ball into the stands, after which the plaintiff makes a pro forma trot around the bases. The Code of Civil Procedure requires a prove-up; therefore, a plaintiff seeking a default judgment must prove its entitlement to the amount requested. For its part, the trial court does not merely sign off on whatever amounts the plaintiff sets down on the judicial council form. The court must instead evaluate the supporting evidence.”

     Babe Ruth & Mascot.  1922.  Library of Congress.

     In this situation, law firm obtained a $2.2 million default against an ex-client after recovering a substantial amount in a contingency fee case, although it was unclear how the recovered contingent amount was going to be distributed to client. In addition, the lower court awarded $24,733 in attorney’s fees and $312 in costs as part of the total “default judgment” packet.

     The appellate court found that the base default judgment amount had to be reconsidered given that it was unclear how the lower court came to the result it did. Similarly, fees had to be re-fixed based on what was actually collected by client, depending on how the contingent recovery was to be paid. Finally, the litigation costs, which the client separately agreed to pay no matter what, had to be re-examined given that the costs were not properly authenticated.