GUTIERREZ v. GIRARDI LUIS GUTIERREZ, Plaintiff and Appellant, v. THOMAS V. GIRARDI et al. , Defendants and Respondents. INTRODUCTION This is a class action brought by plaintiff and appellant Luis Gutierrez on behalf of himself and all other persons who were represented by defendants and respondents Thomas V. Girardi and his law firm Girardi & Keese (collectively G&K) in a previous lawsuit by employees of Lockheed Corporation (Lockheed) against Lockheed and other defendants (Lockheed Action). According to Gutierrez, G&K did not have a fee agreement with Gutierrez in connection with the Lockheed Action. From October 1991 to February 2001, Gutierrez received 13 settlement checks from G&K totaling $81,310. 41. On April 18, 2002, three defendants in the Lockheed Action (the non-settling defendants) filed a motion for summary judgment against Gutierrez. Breach With respect to the element of breach, G&K argues that Gutierrez cannot prove G&K misappropriated settlement funds because at his deposition, Gutierrez testified that there was no written fee agreement between G&K and Gutierrez.

Download full case here.