San Diego lawyers claim Virgin Islands' firm hasn't paid them

By Elizabeth Alt | May 27, 2018

​Several San Diego law firms claim Amy Claire Dempsey of BioImpact, a company based in the U.S. Virgin Islands, has flat out refused to pay any of them for about $300,000 in services rendered.

The U.S. Virgin Islands.   Public Domain/Wikimedia Commons

SAN DIEGO – Several San Diego law firms claim Amy Claire Dempsey of BioImpact, a company based in the U.S. Virgin Islands, has flat out refused to pay any of them for about $300,000 in services rendered.

The plaintiffs, Duckor Spradling Metzger & Wynne, APC; Boner Stern & Sipple, APC; and Robert J. Solis, Esq. claim that they are owed outstanding legal fees for their services to BioImpact and Dempsey. 

The plaintiffs claim they represented either Dempsey, BioImpact or both parties in litigation in which BioImpact was the defendant. The lawsuit alleges Dempsey is aware of the fees still owed and has not paid.

The complaint states that Duckor sent a Notice of Client’s Right to Fee Arbitration to Dempsey and/or BioImpact “as required by California Business & Professions Code” in September. The plaintiffs state that Solis sent a notice in December of 2015, and Boner Stern sent its notice in May of 2016. Each of them claimns the defendants have not replied or requested arbitration.

The parties claim Dempsey and BioImpact “breached the agreement by failing to pay for legal services and costs incurred.” The complaint alleges Dempsey hired Duckor and agreed to pay them “any and all legal services and costs incurred related to a dispute with Catherine Cyr” including retaining an accountant. Duckor claims Dempsey owes them at least $120,320. The other firms allege similar claims. Boner Stern claims they are owed at least $115,200, and Solis is owed at least $57,700.

The plaintiffs filed claims for breach of contract and common counts including reasonable value of legal service and open book account and seek damages of the amounts owed plus interest and other court costs.

The plaintiffs are represented by John Wynne and Cathleen Fitch of Duckor Spradling Metzger & Wynne, APC of San Diego.

U.S. District Court Southern District of California, case number 3:18-cv-00955-W-WVG

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