Opinion
Page 732c
227 Cal.App.4th 732c __ Cal.Rptr.3d __ HILLEL CHODOS, Plaintiff and Respondent, v. NAVABEH P. BORMAN, Defendant and Appellant. B252446 California Court of Appeals, Second District, Fifth Division July 9, 2014THE COURT:
IT IS ORDERED that the opinion filed herein on June 18, 2014, 227 Cal.App.4th 76;___ Cal.Rptr.3d ___, be modified as follows and the petition for rehearing is DENIED:
1. The first line on page three [227 Cal.App.4th 82, advance report, 2d par., lines 8-14], first full sentence is revised to read as follows:
Accordingly, we reverse the judgment and remand the matter to the trial court with instructions to enter a new judgment on the special verdict form awarding attorney a $1.8 million lodestar amount, with the adjustments made in the original judgment, based on the jury findings of $1,000 per hour as the reasonable hourly rate and 1, 800 hours as the reasonable number of hours expended on the two divorce cases and the Marvin action.
2. The first line of the second full paragraph on page 13 [227 Cal.App.4th 91, advance report, 2d full par., lines 1-2] is revised to read: After making certain stipulated adjustments to the $7.8 million award,
3. On page 18, second line of the second full paragraph [227 Cal.App.4th 95, advance report, 1st full par., line 2], after the phrase “involve contingent risk, ” footnote 9 is added and reads as follows:
Contingent risk in this context refers to the risk an attorney voluntarily assumes by agreeing to base the payment of fees on the successful outcome of the case, and not simply the risk of nonpayment, which exists in every representation of a client by an attorney.
4. The disposition on page 33 [227 Cal.App.4th 105-106, advance report, the Disposition] is revised to read as follows:
The judgment is reversed and the matter is remanded to the trial court with instructions to enter a new judgment based on that portion of the special
Page 732d
verdict form that awarded attorney a $1.8 million lodestar amount based on the jury’s finding of a reasonable hourly rate of $1,000 and a reasonable number of hours expended on the two divorce cases and the Marvin action of 1, 800. As it did in the original judgment, the trial court shall make adjustments to the $1.8 million award by adding the amount of $24,921 and deducting the amount of $107,000. Client shall recover her costs on appeal.
The petition for rehearing is denied. There is a change in judgment.