LOS ANGELES (CNS) - A judge has ordered television personality Erika Jayne to attend a July 28 deposition in which she will be questioned by lawyers for two attorneys who sued her as well as her estranged husband, Tom Girardi, and his former law firm, Girardi & Keese, in a dispute over attorneys' fees for shared legal work on toxic chemical cases.
Los Angeles Superior Court Judge Richard L. Fruin's order was outlined in court papers filed Monday by Jayne's attorneys, who are seeking dismissal of the one claim against her in a hearing scheduled for Aug. 26. The plaintiffs are attorneys Philip R. Sheldon and Robert P. Finn, as well as their law firms, and their lawyers want to depose Jayne prior to the dismissal hearing.
Sheldon and Finn allege that in 2008 and 2009, they and Girardi & Keese entered into written agreements with clients in connection with personal injury claims related to exposure to toxic chemicals emanating from cement manufacturing facilities in California.
The plaintiffs and Girardi & Keese further agreed to share attorneys' fees, according to the suit, but Jayne's lawyers maintain in their court papers that the suit does not state whether the alleged fee-splitting agreement was verbal or written.
The toxic chemical cases settled for $31 million and Girardi & Keese was required to disburse to Sheldon and Finn their share of attorneys' fees, but allegedly failed to do so, according to the suit, which was filed in December 2020 and seeks $900,000 in compensatory damages, plus punitive damages.
According to Jayne's lawyers, the plaintiffs without evidence allege the 51-year-old "The Real Housewives of Beverly Hills" cast member aided and abetted Girardi, now 83, and his former firm in putting their interests ahead of those of the plaintiffs based on their belief that Jayne was intimately involved in Girardi & Keese's business dealings.
In reality, Jayne is not and never was an attorney, has had a separate career as an entertainer, never worked for Girardi & Keese and knows nothing about the toxic chemical cases, according to Jayne's attorneys' court papers.
"I was completely unaware of, did not participate in and did not provide any assistance of any nature regarding any conduct or scheme by anyone - - including Girardi & Keese and Tom Girardi -- with the object or goal of harming plaintiffs or depriving plaintiffs of money that plaintiffs claimed was due to them," Jayne says in a sworn statement in support of her dismissal motion.
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