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Author: jab

November 3, 2016

Foxen v. Carpenter (2016) 6 Cal.App.5th 284

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Download Publication The Second District holds California’s legal malpractice statute of limitations, C.C.P. § 340.6, applies to all claims, including those based on non-legal functions, that are incident to the attorney-client relationship.     Christine Foxen and her husband hired John Carpenter and his firm to recover for Foxen’s personal injuries.  After both claims were settled, […]

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October 28, 2016

Walker v. Apple, Inc. 16 C.D.O.S. 11477

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Download Publication The Fourth District holds a law firm’s concurrent representation of a class representative and, in a separate action, an unnamed but identified class member with conflicting interests results in automatic disqualification. Brandon Felczer, represented by Hogue & Belong, filed a wage-and-hour class action against Apple. The Felczer trial court certified six subclasses of […]

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October 28, 2016

Drakes Bay Oyster Company v. California Coastal Commission (2016) 4 Cal.App.5th 1165

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Download Publication The First District holds due process requires individual attorneys from the same government agency not serve as both advocates and advisors.  Agency attorneys acting in these roles must be screened from each other, and advocates from the decision makers, to avoid biasing an impartial decision maker.  However, once the decision is final, and […]

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October 12, 2016

GoTek Energy, Inc., v. SoCal IP Law Group, LLP (2016) 3 Cal.App.5th 1240

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Download Publication The Second District holds a client has no reasonable expectation of further services when a law firm announces it must withdraw.  Further ministerial acts transferring the file to new counsel do not constitute continuing representation to toll the statute of limitations.     When SoCal IP Law Group, LLP represented GoTek Energy, Inc. it […]

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September 17, 2016

Suarez v. Trigg Laboratories (2016) 3 Cal.App.5th 118

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Download Publication The Second District holds claims of concealment under the guise of attorney-client privilege are protected petitioning activity under California’s Anti-SLAPP statute. Rafael Suarez consulted with Trigg Laboratories and its owner Michael Trygstad to increase company profit and growth, prepare Trigg for an eventual sale, and raise capital under an oral agreement. After Suarez […]

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August 3, 2016

Travelers Casualty Insurance Company of America v. Hirsh (9th Cir. 2016) 831 F.3d 1179

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Download Publication The Ninth Circuit holds a claims about post-settlement failure to disburse settlement funds and to report information to a carrier as mandated by California’s independent counsel statute do not involve protected petitioning activity and are not barred by the litigation privilege. Robert Hirsh was retained to represent Travelers’s insured as independent counsel. When […]

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July 11, 2016

ESG Capital Partners, LP v. Stratos, 828 F.3d 1023 (9th Cir. 2016)

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Download Publication The Ninth Circuit holds an attorney can be liable under securities laws and common law torts if he goes beyond his proper role, and actively participates in the client’s fraud. ESG Capital Partners, L.P. (“ESG”) was a group of investors formed to purchase pre-Initial Public Offering Facebook shares. Timothy Burns, ESG‘s managing agent, […]

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June 21, 2016

Butler v. LeBouef (2016) 248 Cal.App.4th 198

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Download Publication The Second District holds an attorney cannot benefit from a client’s estate plan presumed to result from undue influence. John A Patton had been a client of John F. LeBouef. Patton suffered from depression, alcohol abuse, and many health problems.  After Patton’s partner died, LeBouef befriended him.  When Patton died, LeBouef proffered an […]

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June 8, 2016

City of Petaluma v. Sup. Ct. (Waters) (2016) 248 Cal.App.4th 1023

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Download Publication The First District holds an attorney’s factual investigation conducted on behalf of a client is protected by the attorney-client privilege and the work product doctrine, regardless of whether the attorney rendered legal advice. Andrea Waters was the first firefighter and paramedic for the City of Petaluma (City).  Claiming harassment, discrimination and retaliation, she […]

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May 25, 2016

Baxter v. Bock (2016) 247 Cal.App.4th 775

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Download Publication The First District refuses to overturn an arbitration award on the grounds an arbitrator failed to make sufficient disclosures to reveal bias. The Court held there was no basis to award attorney’s fees for the work of a female attorney at a rate lower than that of a male attorney with similar credentials.  […]

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