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Legal Malpractice

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Genis v. Schainbaum, No. B304968, 2021 Cal. App. LEXIS 598 (Ct. App. July 22, 2021)

Following Wiley v. County of San Diego (1997) 19 Cal.4th 532, this decision affirms dismissal of a malpractice complaint against a criminal defense attorney.  The plaintiff alleged that due to the attorney's negligent representation, plaintiff ended up agreeing to pay civil tax fraud penalties as part of a plea bargain in a criminal tax fraud prosecution.  To sue the defense… Read More

O’Shea v. Lindenberg (2021)

The trial court properly entered a directed verdict against plaintiff in this legal malpractice action.  Although plaintiff alleged the defendant divorce lawyer was negligent in other ways, he presented expert testimony only with respect to the failure to hire a forensic accountant to counter the wife's claim for spousal support payments.  The other alleged acts of negligence were not so… Read More

Genisman v. Hopkins & Carley

by Jan T. Chilton |

For limitations purposes, the client discovered malpractice claim against a lawyer who structured a transaction when the other party to the transaction threatened to sue client based on the transaction’s structure. Read More

Broadway Victoria, LLC v. Norminton, Wiita & Fuster

When the basis for a claim of breach of fiduciary duty arises from the same facts and seeks the same relief as a plaintiff’s attorney negligence claim for malpractice, the claim for breach of fiduciary duty is duplicative and should be dismissed.  Read More

Yale v. Bowne

Trial court did not err by giving jury instructions on comparative negligence in legal malpractice claim brought against plaintiff’s former lawyer for drafting a trust instrument for the plaintiff that did not retain the character of her separate property, since plaintiff had herself read and understood relevant portions of the trust before signing it.  Read More

Flake v. Neumiller & Beardslee

One-year statute of limitations on legal malpractice claim started running when defendant law firm filed a motion to withdraw from representing plaintiff—not when the court later granted that motion.  Read More

Jones v. Whisenand

A convicted criminal defendant need not demonstrate actual innocence in order to sue his attorney for malpractice in connection with civil commitment proceedings under the Sexually Violent Predator Act.  Read More

Foxen v. Carpenter

Plaintiff's suit against her former attorney was barred by the one-year statute of limitations on legal malpractice because, even though plaintiff sought to allege claims for breach of contract and the like, ultimately her claims depended upon allegations that the attorney had not performed his professional duties in the proper manner.  Read More

GoTek Energy, Inc. v. SoCal IP Law Group, LLP

Legal malpractice claim filed more than a year after client’s acceptance of attorney’s withdrawal was properly dismissed as time-barred, and retainer agreement attorney fee clause was broad enough to cover a malpractice claim whether sounding in tort or contract.  Read More