Barnes & Thornburg Steps In After Plaintiffs' Lawyer Unleashes Profanity-Laced Emails
Christopher Hook, who brought an insurance lawsuit over a $3.6 million home in Los Angeles, faces sanctions at a hearing on Monday after he told defense attorneys at Sheppard Mullin to "eat a bowl of dicks."
December 13, 2019 at 06:27 PM
5 minute read
The original version of this story was published on The Recorder
Barnes & Thornburg has stepped into a lawsuit over the insurance coverage of a $3.6 million home after the Los Angeles lawyer who filed the case, Christopher Hook, sent more than 100 profanity-laced and threatening emails to the defense team at Sheppard, Mullin, Richter & Hampton.
Hook, of the Law Offices of Christopher G. Hook in Culver City, California, told a San Diego team at Sheppard Mullin to "eat a bowl of dicks" and "pay up fuckface," according to an ex parte application that its client, Allstate Insurance Co., filed. Allstate has sought to dismiss the case, remove Hook as counsel or impose sanctions against him. U.S. District Judge Otis Wright of the Central District of California ordered Hook to show why he should not sanction him and toss his case in light of his actions.
He scheduled a hearing for Monday.
This week, the plaintiff homeowners, who both work in entertainment, brought in Barnes & Thornburg's Matthew O'Hanlon, a partner in Los Angeles, to replace Hook. The couple, represented by their new lawyers, said they were "surprised and appalled" and insisted they knew nothing about their lawyer's behavior, or filings related to it, because they were out of the country on a work trip.
"The insureds do not condone Mr. Hook's statements or conduct," O'Hanlon wrote. "Such statements and conduct do not represent them, were wholly unauthorized and are in no way acceptable to them."
He added, "Mr. Hook's statements and conduct have put the insureds' professional and community reputations that they have worked so hard to achieve at risk."
O'Hanlon and David Schack, another Barnes & Thornburg partner in Los Angeles on the filings, declined to comment. The Sheppard Mullin team—partners Peter Klee, Marc Feldman and Jack Burns, an associate—also declined to comment.
"I have been rightly terminated by the clients," Hook wrote in an email. "The case is in the capable hands of new counsel, and I will have no further involvement in the case pending approval by the court."
The case, filed on Aug. 13, alleges that Allstate failed to reimburse a total of at least $350,000 in water damage costs after a plumbing line failed last year in the homeowners' upstairs bathroom. The plaintiffs are Alan Baker, an associate dean of the University of Southern California's School of Cinematic Arts who was formerly vice president of programming at 20th Century Fox Television, and Linda "Lin" Oliver, a children's book author and co-founder of the Society of Children's Book Writers and Illustrators.
In the Nov. 26 ex parte application, the Sheppard Mullin lawyers, citing Hook's "campaign of abusive and intolerable conduct," sought terminating sanctions and a restraining order barring him from getting within 100 feet of the offices or homes of Allstate and its lawyers. His physical threats included demands to tell Allstate "I am going to water board each one of their trolls that show up for depo without any mercy whatsoever" and that Klee would "get fucking tattooed across the face." He also told Klee "I know where you live," identifying his home address and his wife by name.
The Sheppard Mullin lawyers, according to the filing, have alerted security at its offices not to allow Hook to enter.
His emails also contained numerous discriminatory epithets and profanity, referring to Sheppard Mullin lawyers as "gay boys."
"Haha. Fuck you crooks. Eat a bowl of dicks," Hook wrote in response to Feldman's claim that the dispute was over just $200,000. Hook had asked for as much as $306 million, according to exhibits attached to the ex parte application.
In a follow-up email, Hook wrote, "Hey Klee you Cumstain the demand is now 302 million. Pay up fuckface."
"In a collective 75 years of legal practice, Allstate's counsel have never seen behavior that even comes close to that of Mr. Hook here," the Sheppard Mullin lawyers wrote. "It is unlikely that the court has either."
In a Dec. 3 response, Hook claims the Sheppard Mullin team filed their sanctions request two days before Thanksgiving as a "desperate and improper attempt at gamesmanship" in order to delay planned depositions of Allstate witnesses. He noted that his prior interactions with defense attorneys was civil but that he grew increasingly frustrated about their refusal to respond to his settlement demands.
In a declaration, he said the emails, which were "puffery" or "trash talk," were all part of his "confidential negotiating tactic."
"The undersigned recognizes that perhaps some of the language 'crossed the line' of civility and was offensive and inappropriate," he wrote. "With that said, the language used was 'for effect,' similar to bluster or 'puffery' and was not intended to actually be considered personal insults."
On Dec. 11, the homeowner plaintiffs, in separate declarations, insisted they had terminated Hook from representing them, even though Hook filed a notice associating the Barnes & Thornburg lawyers in as co-counsel (a move the couple objected to on Thursday, and to which Hook, in his email, admitted was his mistake).
They asked Wright not to dismiss their case, despite the "shocking" circumstances.
"Alternative sanctions are available to address and deter counsel's conduct directly," lawyers at Barnes & Thornburg wrote, suggesting in a footnote a potential reprimand, fine or suspension from practice. "It would be unjust under the circumstances here to punish the insureds with dismissal, the most severe sanctions available."
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