City of Morgan Hill v. Brown

In City of Morgan Hill v. Brown, 71 Cal. App. 4th 1114, 1122, 84 Cal.Rptr.2d 361, 365 (Ct. App. 1999), the plaintiff filed a complaint in interpleader against a law firm and Seltzer, a former attorney with the firm. As a result of the representation by the firm, legal fees were owed. Seltzer, who had done work for the plaintiff while employed with the firm, made a claim to the fees as did the firm itself. The plaintiff was allowed to interplead the two parties, to deposit the funds with the court, and to be discharged from the case. The parties were left to litigate the ownership of the fees. Neither Seltzer nor the firm objected. Subsequently, the firm filed a summary judgment motion of the interpleader action. The lower court granted the motion and the appellate court affirmed. The court reasoned that Seltzer was unable to demonstrate that she and the firm assert the right to the same thing, debt, or duty owed by the plaintiff. Id. at 1123-24, 84 Cal.Rptr.2d at 366. It concluded that all Seltzer had was a right against the firm for compensation pursuant to her internal agreements with the firm. Id. at 1125, 84 Cal.Rptr.2d at 367.