Blog Home

Tag: Causation

December 30, 2015

Kemper v. County of San Diego 2015 WL 9480476

Posted by: jab | Share | Comments Off on Kemper v. County of San Diego 2015 WL 9480476

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 […]

Tags:
Categories: Legal Updates

July 22, 2014

Moua v. Pittulo, Howington, Barker & Abernathy, LLP (2014) 174 Cal.Rptr.3d 662

Posted by: jab | Share | Comments Off on Moua v. Pittulo, Howington, Barker & Abernathy, LLP (2014) 174 Cal.Rptr.3d 662

Download Publication The Second District holds that a client cannot establish causation when, against her attorney’s advice, she rejects a settlement offer.   Although Lilas Moua and Alex Ng participated in a traditional Hmong marriage ceremony; lived together as husband and wife; had two children; and created and filed numerous documents and tax returns as a […]

Tags:
Categories: Legal Updates

July 21, 2014

Namikas v. Miller (2014) 225 Cal.App.4th 1574

Posted by: jab | Share | Comments Off on Namikas v. Miller (2014) 225 Cal.App.4th 1574

Download Publication The Second District holds the causation element of a legal malpractice action requires a plaintiff to establish there would have been a more favorable outcome in the underlying action “but for” the lawyer’s alleged negligence.  Paul Miller represented Alexander Namikas in his divorce.  The couple’s settlement included a permanent monthly spousal-support payment, calculated […]

Tags:
Categories: Legal Updates

November 5, 2013

Yanez v. Plummer (2013) 221 Cal.App.4th 180

Posted by: jab | Share | Comments Off on Yanez v. Plummer (2013) 221 Cal.App.4th 180

Download Publication The Third District holds it is a question of fact whether an attorney’s violation of the Rules of Professional Conduct is a cause of a client’s injury.     Michael Yanez was present at a worksite where his co-worker, Robert Garcia, slipped and fell due to unsafe conditions.  At his employer’s request, he gave two […]

Tags: , ,
Categories: Legal Updates

April 18, 2013

A Review Of 2011-12 Developments On The Law Of Causation In Legal Malpractice Actions

Posted by: jab | Share | Comments Off on A Review Of 2011-12 Developments On The Law Of Causation In Legal Malpractice Actions

Download Publication This paper addresses 2011 and 2012 case law developments on three legal malpractice causation issues.    First, we discuss the issue of burden of proof (i.e. which party has the burden on causation and how that burden is discharged), then we address the handling of the “case-within-the-case” (i.e., dealing with legal and factual issues […]

Tags:
Categories: Legal Updates

November 20, 2012

Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154

Posted by: jab | Share | Comments Off on Filbin v. Fitzgerald (2012) 211 Cal.App.4th 154

Download Publication The First District holds that absent proof an underlying opponent would have settled on more favorable terms than the client ultimately accepted, a plaintiff cannot establish the element of causation of damages in a “settle and sue” malpractice claim . James and Carolyn Filbin owned property where they stockpiled junk.  After a lengthy […]

Tags:
Categories: Legal Updates

November 15, 2011

Khodayari v. Mashburn (2011) 200 Cal.App.4th 1184

Posted by: jab | Share | Comments Off on Khodayari v. Mashburn (2011) 200 Cal.App.4th 1184

Download Publication The Second District holds that a client’s claims are fundamentally premised on attorney malpractice in the criminal defense context, and fail because he cannot establish actual innocence or postconviction relief. A jury convicted Bahman Khodayari of four counts of misdemeanor grand theft and three counts of misdemeanor insurance fraud.  He was placed on […]

Tags: , ,
Categories: Legal Updates

April 27, 2011

Gutierrez v. Giradi (2011) 194 Cal.App.4th 925

Posted by: Long & Levit | Share | Comments Off on Gutierrez v. Giradi (2011) 194 Cal.App.4th 925

The Second District holds that the case-with-a-case proof of causation generally applicable to malpractice and breach of fiduciary duties claims is irrelevant to claims that an attorney misappropriated settlement funds. Luis Gutierrez was represented in a class action against his employer Lockheed Corporation by Thomas Girardi and his law firm.  Over a ten year period […]

Tags: , ,
Categories: Legal Updates

November 30, 2010

Dang v. Smith (2010)190 Cal.App.4th 646

Posted by: jab | Share | Comments Off on Dang v. Smith (2010)190 Cal.App.4th 646

Download Publication The Sixth District holds that summary judgment was warranted when the client’s liability theories were speculative and not supported by proof of damages.  Sherry Dang retained Alan Smith and his firm who obtained a judgment against Robert Probst.  A judgment lien was recorded against Probst’s joint tenancy property but was extinguished after Probst […]

Tags: , ,
Categories: Legal Updates

October 23, 2006

Church v. Jamison (2006) 143 Cal.App.4th 1568

Posted by: jab | Share | Comments Off on Church v. Jamison (2006) 143 Cal.App.4th 1568

Download Publication The Fifth District holds an attorney may raise judicial error in the underlying action to challenge the causation element in a legal malpractice claim. John Church retained Daniel Jamison to represent him in an employment dispute with Wilcox, Hokokian & Jackson (WHJ), an accountancy corporation.  Slightly more than two months after Jamison filed […]

Tags:
Categories: Legal Updates