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March 17, 2016

Ardon v. City of Los Angeles (2016) 62 Cal.4th 1176

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Download Publication The Supreme Court holds inadvertent disclosure of attorney-client privileged and work product protected documents pursuant to a Public Records Act request does not constitute waiver, and the claw back rules of inadvertently disclosed documents apply. Plaintiff filed a class action lawsuit against Defendant City challenging the validity of a certain tax and seeking […]

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February 2, 2016

Uecker v. Zentil (2016) 244 Cal.App.4th 789

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Download Publication The First District holds a bankruptcy trustee cannot assert claims against an attorney precluded by the doctrine of unclean hands. MF’08 was a limited liability company whose sole managing member was another limited liability company dominated by Walter and Kelly Ng. Dennis Zentil represented MF’08.  MF’08 promised investments in secured real estate loans, […]

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January 11, 2016

Kelly v. Orr (2016) 243 Cal.App.4th 940

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Download Publication The Fourth District holds a successor trustee’s suit against counsel was timely because it was filed within one year of termination of the attorney-client relationship with the predecessor trustee. James Kelly was the successor trustee of the Beverly Snodgrass Clark Intervivos Trust. He sued attorneys Barbara Orr, Joseph Holland, Gretchen Shaffer and the […]

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December 30, 2015

Kemper v. County of San Diego 2015 WL 9480476

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Download Publicaton The Fourth District holds a parent who would have lost custody of her child despite alleged errors and omissions by her counsel could not show causation in a legal malpractice claim Johnneisha Kemper was represented by appointed county attorneys when she lost custody of her child. Another attorney from the same office believed […]

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December 30, 2015

M’Guinness v. Johnson (2015) 243 Cal.App.4th 602

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Download Publication The Sixth District holds a law firm’s open-ended agreement, evergreen retainer, and control over corporate records indicated a concurrent attorney-client relationship with a corporate client, and disqualification in a shareholder dispute was proper. James M’Guinness, Steven Johnson, and Scott Stuart each owned one-third of the outstanding stock of TLC, and each was an […]

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December 9, 2015

Crawford v. J.P. Morgan Chase Bank, N.A., (2015) 242 Cal.App.4th 1265

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Download Publication The Second District holds threats of physical harm against opposing counsel justify terminating sanctions. Douglas Crawford represented himself a dispute with Chase Bank about accounts held by his late mother. After numerous discovery skirmishes, he appeared for a deposition with a can of pepper spray and a stun gun, and threatened to physically […]

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August 27, 2015

Kaass Law v. Wells Fargo Bank, N.A., 799 F.3d 1290 (9th Cir. 2015)

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Download Publication The Ninth Circuit holds 28 U.S.C. § 1927 authorizes sanctions only against individual attorneys, not law firms.   Kaass Law attorney Armen Kiramijyan filed a complaint on behalf of Izabell Manukyan against 10 defendants, including Wells Fargo Bank, alleging improper reporting of adverse information to credit agencies. Kiramijyan responded to a motion to […]

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August 25, 2015

Xcentric Ventures, LLC v. Borodkin, 798 F.3d 1201 (2015)

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Download Publication The Ninth Circuit holds factual probable cause can be established even if some evidence supporting a cause of action is fabricated, and  legal probable cause can be established by even one supportive reported opinion. Xcentric Ventures was sued for extortion by Lisa Borodkin’s clients based on its business of encouraging online third party […]

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August 20, 2015

Lee v. Hanley (2015) 61 Cal.4th 1225

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Download Publication The Supreme Court holds C.C.P. § 340.6’s one-year statute of limitations applies solely where the claim depends on proof an attorney violated a professional obligation. Nancy Lee hired attorney William Hanley to represent her in litigation and advanced Hanley attorney fees. After the matter settled Hanley notified Lee she had a credit balance.  […]

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August 10, 2015

Hartford Casualty Ins. Co. v. J.R. Marketing, LLC, 2015 WL 4716917 (August 10, 2015)

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Download Publication The California Supreme Court allows an insurer to sue Cumis counsel to recover allegedly unreasonable and unnecessary defense fees and costs.  J.R. Marketing, Noble Locks, and several of their employees, (J.R. Marketing”) were sued for intentional misrepresentation, breach of fiduciary duty, unfair competition, and other counts in California and in other states. Hartford […]

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