Cowen v. Calabrese
| Court | California Court of Appeals |
| Writing for the Court | CONLEY |
| Citation | 41 Cal.Rptr. 441,230 Cal.App.2d 870 |
| Parties | , 11 A.L.R.3d 903 Manuel E. COWEN, Plaintiff and Respondent, v. Samuel Ray CALABRESE et al., Defendants and Appellants. Civ. 410. |
| Decision Date | 23 November 1964 |
Page 441
v.
Samuel Ray CALABRESE et al., Defendants and Appellants.
Brown, Carmack & Brown, Los Angeles, and Ivan W. Packenham, Alhambra, for appellants.
Joseph Lewis, Los Angeles, for respondent.
CONLEY, Presiding Justice.
Manuel E. Cowen secured a judgment against Samuel Ray Calabrese in the amount of $5,583, besides costs, in an action for the reasonable value of legal [230 Cal.App.2d 871] consultations and advice and necessary expenditures made at the special instance and request of Mr. Calabrese. Mr. Cowen is an attorney who has had 35 years of experience at the bar and is admitted to practice by the Supreme Court of Illinois, the United States District Court at Chicago, the United States Circuit Court of Appeals for the Seventh Circuit, and the Supreme
Page 442
Court of the United States. At the time he rendered the services in question, he was engaged in the general practice of the law in Chicago; from 1932 to 1938 he had been an assistant state's attorney of Cook County assigned to the civil branch, handling tax matters and appeals in the Supreme Court of Illinois; in 1938 he was appointed a Master and Chancellor of the Circuit Court of Cook County; in 1944 he became a Standing Master and Chancellor of the United States District Court at Chicago in which capacity he served for about 17 years hearing patent cases, corporate litigation, and oil cases as well as others; he claims special experience and knowledge of the bankruptcy laws.In the late fall of 1961, the defendant, Samuel Ray Calabrese, was brought to his office by a mutual friend at which time Mr. Calabrese consulted with Mr. Cowen as an expert on bankruptcy matters; Mr. Calabrese stated that he was having difficulty in a case pending in the District Court of the United States in and for the Southern District of California which included proceedings before a bankruptcy referee at Santa Ana; it involved the financial difficulties of International Marketland, Inc., a corporation, and its proposed supermarket located in Santa Ana; the corporation was then in the bankruptcy court pursuant to Chapter XI of the Bankruptcy Act. Mr. Calabrese sought and obtained advice during a period beginning December, 1961, and ending March 14, 1962, relative to the proceedings in the federal court in California. The...
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Augustine v. Department of Veterans Affairs, No. 04-3162.
...and therefore does not restrict the receipt of attorney's fees for services related to federal court proceedings. Cowen v. Calabrese, 230 Cal.App.2d 870, 872-73, 41 Cal.Rptr. 441 (Cal.Ct.App.1964). In Z.A. v. San Bruno Park School District, 165 F.3d 1273 (9th Cir.1999), the Ninth Circuit de......
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Birbrower, Montalbano, Condon & Frank v. Superior Court, No. S057125
...services in bankruptcy proceedings was entitled to collect his fee. (Cowen v. Calabrese (1964) 230 Cal.App.2d [949 P.2d 7] 870, 872, 41 Cal.Rptr. 441 (Cowen ); but see U.S. Dist. Ct. Local Rules, Northern Dist. Cal., rule 11-1(b); Eastern Dist. Cal., rule 83-180; Central Dist. Cal., rule 2.......
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Winterrowd v. American General Annuity Ins. Co., No. 07-56541.
...well trained and a member in good standing of the California Bar). California state courts have held similarly. See Cowen v. Calabrese, 230 Cal.App.2d 870, 872, 41 Cal.Rptr. 441 (1964) (indicating that an Illinois attorney was able to collect fees when it "appear[ed] certain" that the lawye......
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Bluestein v. State Bar
...§ 6000), does not regulate practice before United States Courts. (In re McCue, 211 Cal. 57, 66, 293 P. 47; Cowen v. Celabrese, 230 Cal.App.2d 870, 872--873, 41 Cal.Rptr. 441; see 1 Witkin, Cal.Procedure, Supra, p. 185.) Here, however, we are not concerned with such Also, rule 983, Californi......
-
Augustine v. Department of Veterans Affairs, No. 04-3162.
...and therefore does not restrict the receipt of attorney's fees for services related to federal court proceedings. Cowen v. Calabrese, 230 Cal.App.2d 870, 872-73, 41 Cal.Rptr. 441 (Cal.Ct.App.1964). In Z.A. v. San Bruno Park School District, 165 F.3d 1273 (9th Cir.1999), the Ninth Circuit de......
-
Birbrower, Montalbano, Condon & Frank v. Superior Court, No. S057125
...services in bankruptcy proceedings was entitled to collect his fee. (Cowen v. Calabrese (1964) 230 Cal.App.2d [949 P.2d 7] 870, 872, 41 Cal.Rptr. 441 (Cowen ); but see U.S. Dist. Ct. Local Rules, Northern Dist. Cal., rule 11-1(b); Eastern Dist. Cal., rule 83-180; Central Dist. Cal., rule 2.......
-
Winterrowd v. American General Annuity Ins. Co., No. 07-56541.
...well trained and a member in good standing of the California Bar). California state courts have held similarly. See Cowen v. Calabrese, 230 Cal.App.2d 870, 872, 41 Cal.Rptr. 441 (1964) (indicating that an Illinois attorney was able to collect fees when it "appear[ed] certain" that the lawye......
-
Bluestein v. State Bar
...§ 6000), does not regulate practice before United States Courts. (In re McCue, 211 Cal. 57, 66, 293 P. 47; Cowen v. Celabrese, 230 Cal.App.2d 870, 872--873, 41 Cal.Rptr. 441; see 1 Witkin, Cal.Procedure, Supra, p. 185.) Here, however, we are not concerned with such Also, rule 983, Californi......