Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore

In Miller v. Campbell, Warburton, Fitzsimmons, Smith, Mendel & Pastore (2008) 162 Cal.App.4th 1331, the executor of an estate hired a law firm to represent her in connection with her duties. At the conclusion of the probate matter, the firm requested and was awarded its fees except for one category which the probate court found to involve work for the executor in her individual capacity. The firm did not appeal that decision. Instead, it filed a new action seeking quantum meruit recovery of the denied fees directly from the client. The trial court held the action was barred by the final judgment in the probate case. The Court of Appeal reversed. Significantly, it found that the probate court did not decide that the law firm was not entitled to the additional fees, but only that the fees were not payable out of the estate. (Id. at p. 1341.) As the Miller court explained, the probate court never ruled on the firm's entitlement to fees directly from its client, and therefore there was no basis for collateral estoppel. (Id. at p. 1343.)