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John Kenneally, On Behalf of Himself and v. Bosa California LLC

March 22, 2011

JOHN KENNEALLY, ON BEHALF OF HIMSELF AND ALL OTHER SIMILARLY SITUATED, PLAINTIFF,
v.
BOSA CALIFORNIA LLC, AND BOSA DEVELOPMENT CALIFORNIA INC., DEFENDANTS.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matter before the Court is the Ex Parte Application to Strike, Quash and/or Expunge Attorney Lien filed by Plaintiff. (ECF No.63).

BACKGROUND

On September 18, 2009, Plaintiff John Kenneally ("Plaintiff"), represented by attorney Gregory Weston ("Weston"), filed a Complaint against Defendants First American Title Co. ("First American"), Bosa California LLC and Bosa Development California Inc. (collectively, "Bosa"), as well as Bank of Nova Scotia and HSBC Bank USA N.A. (collectively, "Lenders") (ECF No. 1). On November 18, 2009, Plaintiff filed an Amended Complaint against Defendants. (ECF No. 3). Plaintiff alleged that Bosa fraudulently misrepresented the square footage of a condominium that Plaintiff purchased and that the discrepancy in measurement greatly reduced the value of the property. (ECF No. 3 at 13-16).

On December 28, 2009, Bosa filed a Motion to Dismiss First Amended Complaint. (ECF No. 23). On December 28, 2009, the Lenders filed a Motion to Dismiss First Amended Complaint. (ECF No. 24).

On January 4, 2010 and on January 5, 2010, Jared H. Beck of the firm Beck & Lee Business Trial Lawyers ("Beck") filed a Notice of Appearance as attorney for all Plaintiffs.*fn1 (ECF Nos. 25, 29).*fn2

On February 12, 2010, First American filed a Motion to Dismiss First Amended Complaint. (ECF No. 46). On April 28, 2010, this Court granted in part and denied in part the Motion to Dismiss filed by Defendant Bosa and granted the Motions to Dismiss filed by First American and the Lenders. (ECF No. 54). On May 12, 2010, Defendant Bosa filed an Answer. (ECF No. 55).

On July 1, 2010, the Honorable Magistrate Judge Jan M. Adler held an Early Neutral Evaluation Conference. In a letter dated August 12, 2010, Plaintiff's attorney Gregory Weston informed Beck that Kenneally did not consent to Beck's representation in this matter and requested Beck file a notice of withdrawal. In a letter dated September 21, 2010, Beck sent a copy of the Notice of Charging Lien to Weston. The Notice of Charging Lien asserts that there is an express or implied contract between Beck and Plaintiff as well as an understanding that Beck will receive payment out of any recovery. In a letter dated October 12, 2010, Weston acknowledged receipt of the Notice of Charging Lien and requested records of time spent by Beck as well as the amount to which Beck believes he is entitled.

On October 14, 2010, Magistrate Judge Adler issued an Order stating: "Plaintiff John Kenneally ('Plaintiff') and the remaining defendants [Bosa California LLC and Bosa Development California Inc.] in this case have reached a settlement of Plaintiff's individual claims in this matter. Accordingly, a joint motion for dismissal shall be filed with the Court ...." (ECF No. 62 at 1).

On October 19, 2010, Plaintiff filed an Ex Parte Application to Strike, Quash and/or Expunge Attorney Lien. (ECF No. 63).

On October 20, 2010, Beck filed a complaint in a Florida state court, asserting three claims: (1) breach of contract; (2) quantum meruit; and (3) adjudication and imposition of attorney's charging lien. (ECF No. 64-2 at 2).

On October 25, 2010, Beck filed an Opposition to Plaintiff's Ex Parte Application (ECF No. 64). On October 26, 2010, Plaintiff filed a Reply in Support of Plaintiff's Ex Parte Application (ECF No. 65).

On March 10, 2011, Plaintiff filed a Notice of Related Cases Pursuant to Civil Local Rule 40.1(E). (ECF No. 66). Plaintiff identified related cases including the Florida state court case filed by Beck on October 20, 2010, and First American Title Insurance Co. v. Kenneally et al, 11cv264 WQH (JMA), (filed Feb. 8, 2011). First American Title Insurance Co. is a complaint for statutory interpleader against Kenneally, Bosa California LLC, Bosa Development California, Inc., the Weston Firm P.C., and Beck & Lee, P.A. (ECF No. 1).

To date, Beck has not withdrawn his representation of Plaintiff or otherwise been terminated as ...


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