27 Jul 2023
Crosslink Bridge Corp. et al. v Fogler Rubinoff & David Moldaver LLP
In the case of Crosslink Bridge Corp. et al. v Fogler Rubinoff & David Moldaver LLP dated June 27, 2023, the respondent, Fogler, Rubinoff LLP ("Fogler"), had brought a motion to set aside the applicants' assessment order, claiming it was statute-barred and seeking payment of outstanding legal fees. The applicants, Crosslink Bridge Corp. and Andrew Penuvchev ("the applicants" or "the Penuvchevs"), had cross-moved for an order directing the assessment of all 32 accounts of Fogler during the four and a half years of their retainer, as well as for a stay of their action against the respondents and others.
Fogler had successfully resolved the CN action through mediation. However, a subsequent summary judgment motion against the third-party claim had led to its dismissal. The Penuvchevs had disputed some accounts due to cash flow problems, but most accounts were paid upon receipt as agreed in the retainer.
Consequently, the assessment order had been set aside as statute-barred, and the applicants were ordered to pay the outstanding fees of $502,112.92.
In conclusion, the court had ruled in favor of Fogler, finding that the assessment order had been statute-barred and the accounts were final, not subject to reassessment. The applicants had been required to pay the outstanding legal fees to the respondents.