Mcdaniel v. Gile

230 Cal.App.3d 363 (1991)

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Nature of the Case

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Facts

In January of 1985, P met with D and 'filled out a lengthy and intimate self-characterization document, seeking intimate details of her personal and sexual life.' At their next meeting, P focused on D's personal and sexual life. Several weeks later, when P and D were at the courthouse, P took D into a small room and when she attempted to leave he grabbed her and 'pinned her against the wall and kissed her on the mouth.' P also made sexually suggestive comments during the day. On numerous occasions during the following weeks, P called D both at home and her workplace and made 'sexually suggestive remarks.' After D refused to have sexual relations with P, P abandoned her and failed to 'represent her interests, appear in court to represent her interests, negotiate a complete and fair property settlement . . ., properly advise her of her rights,' return her phone calls, or take any action at all except after numerous requests. When D brought a friend to meetings to protect herself from P, he made sexually suggestive remarks about her and other women. P advised D that she had no community property interest in her ex-husband's retirement of $18,000, and, as a consequence, she lost her one-half interest. P was forced to settle her case alone to her disadvantage. D has suffered emotionally from plaintiff's acts and failures to act. She is on medication and began psychological counseling in March 1985. Her emotional condition has not changed since March of 1985, and she continues to receive psychological counseling. P had paid a $1,000 retainer, a minimum of $1,850 plus costs, and an actual fee based on a $125 per hour rate. P appeared with D at a second hearing where she attended mediation. P attended court hearings, engaged in discovery, conducted research, and prepared pleadings. D attempted to settle the divorce case with her ex-husband without the assistance of plaintiff. P appeared in court to obtain a restraining order against D's ex-husband. P also appeared at a settlement conference with a settlement conference brief. P prepared the judgment. P did not independently investigate the value of the ex-husband's retirement plan but relied on the valuation obtained by the ex-husband's attorney. D owed P a sum for attorney's fees and costs which she did not pay. P sued D and D counterclaimed. The court entered summary judgment for P on D’s claims, and P got the verdict for his legal fees. D appealed.