LAW OFFICES OF CARLIN & BUCHSBAUM LLP VS STUART PAGE ET AL



INTRODUCTION

Plaintiff alleges Causes of Action for:

Conversion;

Breach of Contract;

Money Had and Received;

Open Book Account; and

Intentional Misrepresentation.

Defendant demurs to the operative First Amended Complaint (“FAC”) and moves to strike references to punitive damages.

This action was filed on July 23, 2013 and arises from Defendant’s alleged failure to pay Plaintiff’s attorneys’ fees as required.

FIRST AMENDED COMPLAINT

Plaintiff alleges:

Defendant retained Plaintiff in a dissolution of marriage case in 2005. The parties executed a retainer agreement establishing payment obligations.

In 2008, Defendant retained Plaintiff in a personal injury suit.

When Defendant retained Plaintiff in the personal injury case, Plaintiff agreed that money owed from the dissolution matter would ........