Mancini & Associates v. SchwetzAnnotate this Case
The Court of Appeal affirmed the trial court's judgment entered in favor of the law firm in an action where defendant entered a written settlement and release from a 2008 judgment to the plaintiff in the underlying lawsuit. The settlement and release released the attorney fees and costs due to the law firm pursuant to the firm's retainer agreement with plaintiff. The law firm then brought this action against defendant, seeking attorney fees and costs, plus interest, awarded in the underlying litigation and incorporated into the judgment.
The court held that defendant's act of executing the memorandum was communicative, but it was one act in a course of tortious conduct to deprive the law firm of its attorney fees. Therefore, defendant's noncommunicative conduct was not protected by the litigation privilege. The court also held that there was sufficient evidence to establish that defendant knew of the law firm's attorney fee lien and that he intended to interfere with the firm's collection of its attorney fees and costs.