Settlement Amount:
Legal Malpractice -SLAP Suit $450,000

Case Name:
ENDEMAN, LINCOLN, TUREK & HEATER v.
ROBERT J. JAGIELLO, ESQ., et al.

Case Number:
U.S. District Court, San Diego, No. 651 436

Plaintiff:
Endeman, Lincoln, Turek & Heater

Defendants:
Robert J. Jagiello, Esq., et al.

Facts and Background:
Plaintiff is a law firm with a history of
providing legal representation to mobile home park residents in
actions against mobile home park owners. One common action is for
failure to properly maintain the park. Defendant Robert J.
Jagiello is an attorney who represented the park owner, Mildred
Tacey, and managers John and Edith Thompson in the underlying
"failure to maintain" action, Adamson v. Tacey. Jagiello claimed a
record of success in defending such actions.

In the underlying action, Plaintiff law firm (ELT&H) filed a
"failure to maintain" lawsuit on September 12, 1989 on behalf of
103 mobile home park residents alleging such conditions as raw
sewage backup and deteriorating gas lines that had caused fires
in the park. They asked in excess of $5 million in damages.
Defendant contended that the park managers had only been managers
for five months prior to the Adamson case being filed and that
the allegations pre-dated their tenure; that the park managers
were being sued by 103 individuals, a number of whom were either
dead, unaware they were suing the park managers or who elected to
opt-out of the law suit altogether. Defendant Jagiello, on behalf
of the park owners and managers, filed a "slap suit" against
ELT&H. Defendant addressed a letter to ELT&H charging its
attorneys with perjury and threatening to file a State Bar
complaint against them if the underlying lawsuit was not
immediately dropped. He then actually filed a State Bar Complaint
against ELT&H on behalf of the park managers for malicious
prosecution, unfair business practices, and emotional distress.
This "slap suit" was dismissed by the Judge at the pleading stage
because the complaint was filed during the ongoing Adamson action
and considered premature by the Court.

At discovery in the underlying matter, Plaintiff allegedly
learned that Defendant had filed the "slap suit" without the
authorization of his clients, the mobile home park managers.
After the "slap suit" was terminated, ELT&H filed this instant
action against Defendant attorney, the park owner, and the park
managers.

Due to the Adamson action, the park managers left their job and
moved out of state and the park owner was forced to relinquish
ownership of the mobile home park.

Plaintiff’s Contentions:
That the "slap suit" was fictitious litigation designed to
deprive mobile home park tenants of their right to the attorneys
of their choice and to make it extremely difficult for ELT&H to
prosecute the "failure to maintain" lawsuit; that the "slap suit"
was a "ghost lawsuit" manufactured by Defendant to advance his
own interests and to punish Plaintiff; that Defendant engaged in
Malicious prosecution and abuse of process.

Defense Contentions:
Contended that the "slap suit" was authorized by the park
managers; that Plaintiffs had wrongfully solicited the mobile
home park tenants to join the lawsuit.

Damages:
Emotional distress, damage to professional reputation of law
firm, $45,000 in attorneys’ fees.