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Tag: Causation

June 23, 2003

Viner v. Sweet (2003) 30 Cal.4th 1232

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Download Publication California Supreme Court holds that plaintiffs in transactional malpractice actions must prove that but for the malpractice, there would have been a more favorable result.  In a unanimous opinion, the California Supreme Court held today that when a client claims malpractice occurred in transactional work (advising or preparing documents for business transactions), the […]

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August 14, 2001

Lombardo v. Huysentruyt (2001) 91 Cal.App.4th 656, 110 Cal.Rptr.2d 691

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Download Publication Judicial error is not a superceding cause precluding attorney liability for conduct below the standard of care. Paul Winters established a trust to benefit the adult daughter of his wife, Diane Mirviss, but retained the right to terminate or amend the trust.  When his health later deteriorated, his wife obtained a conservatorship over […]

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March 14, 2001

Piscitelli v. Friedenberg (2001) 87 Cal. App. 4th 953

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Download Publication The Fourth Appellate District has ruled on five significant legal malpractice issues.  First, there is a constitutional right to a jury trial in legal malpractice cases, even if a court or arbitrator would have decided the underlying case.  Second, expert testimony on the likely result of an underlying case invades the province of the jury […]

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