Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Family Law Lawyers Sued For Legal Malpractice & Won.
The husband in a dissolution action brought what the appellate court termed a “settle and sue” legal malpractice case against his former lawyers for recommending he pay his ex-wife permanent spousal support of $7,000 per month. He alleged the settlement was excessive because the lawyers improperly calculated his permanent support obligation based upon DissoMaster guidelines instead […]
Plaintiff Not Permitted To Voluntarily Dismiss To Avoid Adverse Decision.
Plaintiff’s opposition to a demurrer was filed late, and the court gave plaintiff two choices: (1) the court would strike the opposition and go ahead with the hearing; or (2) the court could continue the hearing and order plaintiff to pay any costs incurred as a result of the continuance plus attorney fees and have […]
Mandatory Relief Denied To Plaintiff Whose Attorney Had Cancer, Missed The Trial And Later Died.
Plaintiff’s lawyer was properly noticed of the trial date, but miscalendared the date, and on the date of the trial, the court granted a judgment of $0 to the appearing defendant. Plaintiff’s counsel thereafter moved, pursuant to Code of Civil Procedure section 473(b), to set aside the judgment. The motion included a declaration explaining how […]
Information Sought In Discovery Involves Litigation Strategy.
The setting is a discovery dispute in a construction defect action. The trial court overruled the homeowner’s association’s claim of attorney-client privilege regarding efforts to depose individual homeowners regarding disclosures made at informational meetings about the litigation. The appellate court granted the association’s petition for writ of mandate, stating: “To the extent this record reveals […]
Factor At A Discount. Oh, What A Tangled Web We Weave.
A plaintiff was injured in a car accident and treated at first at Kaiser, and later at a surgery center on a “lien basis.” The bill for treatment at the surgery center was between $40,000 and $50,000. On the day of the surgery, the surgery center sold its account receivable and lien to a factor at […]
Conspiracy Allegations To Go Back Into Fraudulent Estate Planning Pleading.
In the same action, but in a separate appeal, the law firm convinced the trial court to strike all conspiracy allegations from the plaintiffs’ pleading because Civil Code section 1714.10 bars the action. Civil Code section 1714.10, was enacted to combat “the use of frivolous conspiracy claims that were brought as a tactical ploy against attorneys […]
Statute Of Limitations Does Not Bar Action Against Lawyers.
A trustee who is a lawyer and was a lifelong friend of the plaintiffs, a large family, allegedly teamed up with another lawyer and a law firm to “drain off” $25 million from a composite family estate. The family brought an action against the lawyers for fraud, intentional and negligent misrepresentation, fraud by concealment, constructive fraud, breach […]
Violation Of State Bar Rules Of Professional Conduct Court Sanctions Reversed.
A lawyer was sanctioned $43,000 under California Rules of Court, rule 2.30(b) for violating the California State Bar Rules of Professional Conduct by negligently hiring an attorney ineligible to practice law to assist her by acting as counsel at trial. In reversing, the appellate court stated: “As rule 2.30(b) does not authorize sanctions for violations of the Rules […]
No Attorney-Client Relationship Created In Agreement To Be Available On Future Legal Matters.
In Banning Ranch Conservancy v. Sup.Ct. (City of Newport Beach) (Cal. App. Fourth Dist., Div. 3; March 22, 2011) 193 Cal.App.4th 903, [123 Cal.Rptr.3d 348], a law firm previously represented city on an unrelated matter. It also entered into an agreement with the city to provide future legal services “as requested,” conditioned on the firm’s “ability to take on the […]