Legal Opinion

Cetenko v. United California Bank

California Supreme Court

Decided January 18, 1982No. S.F. 24275PublishedCited by 50 opinions

1Opinion of the Court

Opinion

MOSK, J.

The sole question for our determination in this case is whether a prior lien on a judgment in favor of an attorney for legal fees takes precedence over a subsequent judgment creditor’s lien perfected in accordance with the provisions of section 688.1 of the Code of Civil Procedure. The trial court held that the attorney’s lien prevails, and we agree with that determination.

In November 1976, Francis Schwartz, an attorney, and Dr. Roman W. Cetenko, his client, entered into a written agreement which provided that Schwartz would represent Cetenko in an action to establish ownership…

2Cases cited17 opinions

  1. Isrin v. Superior CourtCalifornia Supreme Court · 1965
  2. Smitton v. McCulloughCalifornia Supreme Court · 1920
  3. Wagner v. SariottiCalifornia Court of Appeal · 1943
  4. Hanna Paint Manufacturing Company, D/B/A Hanna Paint Mfg. Co. Of Texas, as Intervener v. Rodey, Dickason, Sloan, Akin & RobbCourt of Appeals for the Tenth Circuit · 1962
  5. Haupt v. Charlie's Kosher MarketCalifornia Supreme Court · 1941

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3Cited by50 opinions

  1. Shapiro, Lifschitz & Schram, P.C. v. HazardDistrict Court, District of Columbia · 1998
  2. Venegas v. SkaggsCourt of Appeals for the Ninth Circuit · 1989
  3. Carroll v. Interstate Brands Corp.California Court of Appeal · 2002
  4. Fletcher v. DavisCalifornia Supreme Court · 2004
  5. Little v. Amber Hotel Co.California Court of Appeal · 2011

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