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.  This decision affirms a judgment for the defendant law firm after a jury…

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.  In…

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.  The statute of limitations for attorney malpractice is tolled so long as the client continues to be represented in the same matter by the defendant attorney. …

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.  A convicted criminal defendant need not prove his actual innocence in order to sue his attorney for malpractice in connection with civil commitment proceedings under the…

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.  Plaintiff’s suit against her…

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.  Client waited more than a year after learning of attorney’s malpractice in failing to timely file…