Guam – The Law Firm of Calvo & Clark is asking Guam Superior Court Judge Arthur Barcinas to either dismiss or stay Attorney David Lujan’s “excessive-billing” lawsuit against them.
Lujan’s complaint against Calvo & Clark was filed in Guam Superior Court last May alleging “unreasonable and excessive billing practices” by Calvo & Clark.
Lujan wants the Guam Court to decide whether or not he was overbilled.
Calvo & Clark insists the law requires that Lujan’s claim be heard in the still pending lawsuit in California that gave rise to the billing complaint.
That case is the legal malpractice suit filed by DHL heir Junior Larry Hillbroom which accuses Lujan himself of charging excessive fees. In that ongoing case, Hillbroom is accussing Lujan of fradulenty increasing his contingency fees from 38% to 56%.
Calvo & Clark previously represented Lujan against Hilbroom’s claims and billed him for that representation. Lujan is disputing roughly $1.2 million dollars of that billing.
In their motion to dismiss or stay filed Tuesday, Calvo & Clark’s Attorney William Fitzgerald accuses Lujan of trying “to drag the Court into a dispute that belongs (and is proceeding) in California.”
Calvo & Clark Partner Eduardo Calvo filed a declaration that accompanies Fitzgerlad’s latest motion in which he states that he warned Lujan that “defending him would be a substantial undertaking and … would be very expensive.”
In an emailed statement to PNC News, Fitzgerald states that “in addition to asking for dismissal of the case, Calvo & Clark is asking the court to take action against Mr. Lujan for false and defamatory statements made in his court filings about the firm.”
Of particular note, Calvo & Clark’s latest motions include sections that have been heavily redacted … blacked out. In his statement Fitzgerald explains that “sensitive portions of the court documents relating to the merits of Junior Hillbroom’s case against Mr. Lujan” have been filed under seal.
PNC News sought comment from Attorney David Lujan and as of this posting there has been no response.