Andre v. Ingram

This is an appeal from a judgment of dismissal entered on plaintiffs (appellant) first amended complaint following the sustaining of defendants (respondents) demurrer. On this appeal we are asked to determine whether an attorney hired to prosecute a bodily injury action, pursuant to a contingent fee agreement, may, after being substituted out of the case, recover costs advanced on behalf of the client, while the bodily injury suit is still pending. We determine he may not and affirm the judgment of dismissal.