California Appellate Tracker

Masellis v. Law Offices of Leslie F. Jensen (2020)

June 22, 2020

Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154 and other cases involving claims that the lawyer’s malpractice caused the client to enter into an inadequate settlement–so-called “settle and sue” cases–say that the client must prove the causation and damages elements of the claim to a “legal certainty.” Whatever that may mean, this decision holds that it does not mean that the client’s burden of proof is anything other than the usual preponderance of the evidence standard.

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Masellis v. Law Offices of Leslie F. Jensen (2020)

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