# 1370065, Coast Rehabilition v. The Dorton Firm, 6/10/10

Plaintiff’s Attorney: Jeffrey P. Young

Result:  $62,274.99                                               Dept. 3, Hon. Thomas P. Anderle

Plaintiff sued to recover the balance of fees owed on work as an expert witness  in an Orange county dental malpractice case for Defendant law firm.  Defendant attorney who represented himself cross-complained for fraud, breach of contract and defamation, and alleged Plaintiff overcharged for the services.  Court entered a directed verdict for Plaintiff when Defendant failed to timely appear in court on the last day of trial.  Defendant had notified the court with multiple emails in the early morning hours of the last day of trial that he was going to be late and that he was going to file and serve a CCP 170.1 motion for disqualification, but he did give the court information on when he could be expected to arrive.  After waiting with the jury, court staff, Plaintiff and Plaintiff’s attorney for approximately ninety minutes, the court entered an order for a directed verdict in the amount of $10,445 and excused the jury.  Defendant arrived approximately fifteen minutes later, and requested to go on the record to advise the court that his motion for disqualification had been filed with the clerk.  The court denied Defendant’s request to go back on the record.  Defendant’s recusal motion was later denied.  Post-trial, the court awarded Plaintiff attorney’s fees of $47,740, pre-judgment interest of $2,313.49, costs totaling $1,751 and denied Defendant’s motion for new trial.