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Federal Judiciary
: California Appellate ReportPlummer v. Day/Eisenberg (Cal. Ct. App. - April 26, 2010)
By Shaun Martin
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That's a neat trick.Once a case settles, a check is made out to X, Y and Z. X and Z are law firms, but Z is former counsel. There's a dispute about fee allocation, and Z won't sign the settlement check unless Z gets paid what Z says Z's owed.
So X signs the check, and transmits it to Z to cash, and instead of just one person signing on behalf of X, one person from X signs legibly and another person from X signs in a scrawl. That way, when Z signs, it looks like there are three signatures -- of X, Y and Z -- even though Y never signed.
It's a good trick. But it also states a claim for conversion.
Still, I like the creativity!
Full post as published by California Appellate Report on April 26, 2010 (boomark / email).
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