Ari Shahar hasn’t worked at his design and construction business in more than five years and he’s spent some $200,000 to defend himself against a Beverly Hills attorney who sued him because one of his workers allegedly didn’t have insurance.
"I was exempt because I had been subcontracted but a complaint was filed and I lost my license,” Shahar told the Southern California Record. “The lawyer, David Karton, who was my client said I had to give all the money back from the job even though there was no problem with the job and no one was hurt.”
In 2016, Karton and his wife Cheryl sued Ari Design & Construction Inc. in Los Angeles County Superior Court.
“In the beginning, I offered David $40,000 but he didn’t want to sign a release form and in arbitration, I offered him $67,000 but he wanted to go to trial,” said Shahar who lives in Los Angeles. “I was willing to pay because I wanted him to leave me alone but he sued me. He sued my partner."
As previously reported in Law.com, a year later LA County Superior Court Judge Elaine Mandel ruled in favor of the Kartons, awarding them $92,651, which included money the couple had paid to Ari Design & Construction until work ceased. Because the Kartons wanted $287,640 for legal costs, they appealed to the Second District Court of Appeals.
But the appellate panel of justices upheld Judge Mandel’s ruling, stating she had good reason to limit fees to $92,651, including the plaintiffs’ “incivility,” according to media reports.
“Excellent lawyers deserve higher fees, and excellent lawyers are civil,” wrote Associate Justice John Shepard Wiley Jr. in the March 9 opinion. “Sound logic and bitter experience support these points.”
In addition, Wiley, presiding Justice Tricia Bigelow and Associate Justice Elizabeth Grimes decided that Wesco Insurance Co. should pay a portion of the judgment, which the trial court had exempted.
“In this state, if you ever argue with a lawyer, you have a big problem,” Shahar said. “Lawyers think they are the sheriff.”