Markevitch v Pagano and Kass, Santa Clara County Superior Court Case Number 115-CV277789.


From the court of appeals decision it is Lawzilla's understanding the following occurred:

Attorney James Pagano represented his law firm Pagano & Kass, which is a defendant in the lawsuit.




The plaintiff was a former lawyer for the law firm. The lawyer alleged the law firm breached an agreement to pay him a percentage of billings from clients he referred to the firm.




One of the cases the lawyer referred to Pagano & Kass was a class action lawsuit against LoJack.




The LoJack class action settled and the court awarded Pagano & Kass $415,000 in attorney's fees and costs.




The lawyer then requested his share of the fees from the settlement.

Pagano & Kass denied that he was entitled to any payment at all.




The case proceeded to trial and a jury found against Pagano and Kass.

The plaintiff was awarded a total of $476,150.26 for:

$169,844.18 owed to the lawyer per the referral agreement

$214,016.25 attorneys' fees

$9,187.25 costs

$83,102.58 interest

James Pagano then filed an appeal.




The law firm claimed its agreement to pay its lawyer a share of billings was unenforceable because it violated the California Rules of Professional Conduct and a Federal Rule of Civil Procedure.




The court of appeals said Pagano "forfeited" his claim the contract violated Professional Rules because he cited "no authority" to support his position.




With regard to the claim a federal rule was violated, the court of appeals said James Pagano failed to carry the burden to show there was error.




A unanimous court of appeal affirmed the judgment against Pagano and Kass, and awarded plaintiff his costs for the appeal.

We have never seen attorneys lose money after settling a class action lawsuit.

In the class action Pagano and Kass were awarded $415,000 in legal fees and costs.

But then they had to pay $476,150.26 to their former associate.

Plus they will owe more as a result of losing the appeal.

At a minimum that is a loss of $61,150.26.

Ouch.

Would you hire an attorney who claimed his own contract violated the Rules of Professional Conduct?

Who lost a lawsuit against his firm? Who then lost an appeal?

If James Pagano cannot even win his own case how do you think he would do with yours?

James Pagano was admitted to the California Bar in 1981. Bar Number 98185.

96 North 3rd Street Suite 525
San Jose, California 95112

Law School: Santa Clara University

Lawzilla Note: What about Ian Kass, the "Kass" in the Pagano and Kass law firm?

We did not mention him in the reporting for a couple reasons.

The court of appeal did not list Kass as the appealing attorney.

The California State Bar is reporting that Ian Kass is now in Florida and does not claim a relationship with Pagano and Kass:




Interestingly, though, the Pagano and Kass website represents that Ian Kass is still with the law firm and is located in San Jose.




Then there is this ...

James Pagano filed paperwork on July 17, 2019, with the California Secretary of State, declaring there was "no change" in reported information about the Pagano & Kass law corporation.




Previously, in July 2018, James Pagano declared that Ian Kass was an officer and director of the corporation and his address was in San Jose.




Did Ian Kass separate from Pagano & Kass after July 17, 2019, and move to Florida and change his State Bar address and this all makes sense?

Possibly, but then the Pagano & Kass website makes no sense.

Did James Pagano file false paperwork with the California Secretary of State?

Is there something fishy going on given that Ian Kass' claimed address with the State Bar is apparently listed as an apartment available for rent?




Ian Kass is the attorney who incorporated Pagano and Kass in San Jose in 2007.




It seems weird that over a decade later, with a huge judgment against the law firm, he would list his address as being in Florida.

It appears that Ian Kass is not licensed to practice law in Florida and he is not listed as a member of the Florida Bar Association.




So why is he listing his address in Florida?

Did Kass decide the Florida sunshine was better than the California sunshine?

Did Ian Kass move to Florida, or claim he moved to Florida, in an OJ Simpson type strategy to take advantage of Florida's debt collection laws?



Then we found this online: "Ian Andrew Kass" in "Saint Johns" Florida was booked into a Florida jail for unspecified charges:




To be clear, we do not know or claim that this is the same Ian Andrew Kass of Pagano & Kass, but the name is the same, the Florida city matches the State Bar record, and the age is in the ballpark for someone admitted to the bar in 1996.