Quantcast

Plaintiff law firm alleges breach by defendant law corporation over disputed divorce settlement funds

NORTHERN CALIFORNIA RECORD

Friday, March 14, 2025

Plaintiff law firm alleges breach by defendant law corporation over disputed divorce settlement funds

State Court
Webp aqt08m39mppmaga371be5jk602lb

Superior Court of California - Santa Clara County | Official Website

A legal battle has erupted over a significant sum of money tied to a divorce settlement, with allegations of deceit and breach of duty at its core. The Law Offices of Maynard & Hogan filed a complaint on February 24, 2025, in the Superior Court of California, County of Santa Clara, against Hoge, Fenton, Jones & Appel, Inc., along with Natasha Parrett, Yadhira N. Gutierrez, and Sandra Short aka Sandra Dunlap. The plaintiff accuses the defendants of failing to honor an attorney's charging lien and wrongfully distributing funds subject to that lien.

The lawsuit centers around events beginning in February 2018 when the Law Offices of Maynard & Hogan represented Gordon Short in his divorce proceedings. According to the complaint, Gordon Short had granted the firm an attorney's charging lien on any funds awarded to him from the sale of marital assets. This lien was meant to secure unpaid legal fees owed by Short. However, after switching legal representation during the divorce case, the funds held in trust were transferred to Hoge, Fenton, Jones & Appel under conditions meant to protect the lien.

Despite being notified through a formal Notice of Attorney’s Charging Lien filed on February 2, 2018, that they were required to withhold sufficient funds for payment owed to Maynard & Hogan by Gordon Short, the defendants allegedly released all funds without honoring this obligation. The complaint details how these actions occurred even after a court judgment on January 29, 2024, confirmed that Gordon Short owed $190,866.43 in legal fees plus accruing interest.

The plaintiff claims that this release violated their rights under California law and constituted theft under Penal Code §496 since it involved transferring money subject to a lien without authorization. They are seeking compensatory damages amounting to $221,334.88 plus interest as well as statutory treble damages for what they describe as malicious and fraudulent conduct by the defendants.

Maynard & Hogan argue that all defendants acted with intent to disrupt their financial relationship with Gordon Short for personal gain while ignoring their fiduciary duties. They seek judicial declarations affirming their rights under the charging lien and request punitive damages alongside attorneys' fees incurred due to this dispute.

Representing Maynard & Hogan is Douglas Scott Maynard from the Law Offices of Maynard & Hogan based in San Jose. The case is presided over by Judge C. Roman under Case ID 25CV459678.

More News