Demurrer Granted In Legal Malpractice Action Reversed On Appeal.

This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required.  The court did not require a bond. In fact, there were significant assets not in trust, and the attorneys allegedly monitored and assisted in the management of those properties and funds, but never informed the court of their existence. The son proceeded to misappropriate over $1,000,000. The court removed him as conservator and appointed a licensed professional fiduciary, who brought the present action against the woman’s son for elder abuse and conversion and against the lawyers for legal malpractice. The lawyers argued the son’s malfeasance while he was conservator is imputed to the successor conservator and bars the instant action. The trial court sustained the lawyers’ demurrer without leave to amend. In reversing, the appellate court held the successor conservator does step into the shoes of the first conservator, but only to the extent of his fiduciary authority, not so far as his personal malfeasance goes. (Stine v. Dell’Osso (Cal. App. First Dist., Div. 1; October 17, 2014) 230 Cal.App.4th 834 [178 Cal.Rptr.3d 895].)