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Category: Legal Updates

April 19, 2017

Broadway Victoria, LLC v. Norminton, Wiita & Fuster (2017) 10 Cal.App.5th 1185

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Download Publication The Second District holds facts supporting a legal malpractice claim are insufficient to support a breach of fiduciary duty claim.  Breach of fiduciary duty requires an additional showing the attorney breached a duty of confidence or loyalty.  Broadway Victoria, LLC, was a commercial real estate company owned by Anita Lorber.  She also owned […]

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Categories: Legal Updates

March 10, 2017

Yale v. Browne 2017 WL 947608 (Cal. Ct. App. February 9, 2017, as modified March 10, 2017)

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Download Publication Yale v. Browne 2017 WL 947608 (Cal. Ct. App. February 9, 2017, as modified March 10, 2017) The Second District holds under certain circumstances it may be proper to apply the concept of “comparative fault” in legal malpractice actions.    While precedent had previously recognized that the concept of “contributory” negligence may apply in […]

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March 2, 2017

Flake v. Neumiller & Beardslee 2017 WL 839822

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Download Publication The Third District holds a client’s receipt of a motion to withdraw stating the attorney is no longer providing legal services terminates the attorney-client relationship for statute of limitations analysis.       Stanley Flake and others were represented by Neumiller & Beardslee (Neumiller) in unsuccessful real estate litigation.  Neumiller moved to withdraw after trial […]

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Categories: Legal Updates

February 15, 2017

Argentieri v. Zukerberg 2017 WL 605313

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Download Publication The First District holds a press release about a malicious prosecution action is privileged under C.C. §47(d), a fair and true report of an official proceeding, but not under C.C. § 47(b), the litigation privilege.    While a student at Harvard Mark Zukerberg answered an ad posted by Paul Ceglia to provide website […]

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Categories: Legal Updates

January 10, 2017

Health Smart Pacific, Inc. v. Kabateck 2016 WL 7667365

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Download Publication The Second District holds statements to the media about the allegations in a complaint are privileged under C.C. §47(d), a fair and true report of an official proceeding.  Michael Drobot owned and operated Healthsmart Pacific Inc. which owned and operated Pacific Hospital, specializing in spinal surgeries.  Drobot pled guilty to bribing a state […]

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December 29, 2016

Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California) 16 C.D.O.S. 13548

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Download Publication The Supreme Court, in a four to three decision, holds whether an attorney client communication is privileged depends on whether the communication bears some relationship to the attorney’s legal services.  Invoices, transmitted to allow an attorney to collect a fee, may contain unprivileged information subject to disclosure under the Public Records Act, which […]

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Categories: Legal Updates

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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