Academy of California Optometrists, Inc. v. Superior Court

Opinion

PARAS, J.

This case presents an issue never before decided in California: May an attorney assert a contractual “retaining lien” upon files and papers of no monetary value given to him by his client or accumulated during his employment, by which he is entitled to possession of such documents until his fee is paid? Petitioner corporation seeks a writ of mandate after the superior court refused to order its former attorney, real party in interest Robert Damir, to deliver to it such files and records.

Damir was retained by petitioner on March 2, 1970, to litigate a controversy between…