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Tag: Duty

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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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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March 26, 2015

Loanvest I, LLC v. Utrecht (2015) 235 Cal.App.4th 496

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Download Publication The First District holds that claims by a client against its attorney in the context of litigation are not covered by the anti-SLAPP statute. Loanvest’s Operating Agreement named South Bay Real Estate Commerce Group, LLC (South Bay) as its manager. No other members had voting or management rights, and the manager could be […]

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October 17, 2014

Stine v. Dell ‘Osso 2014 WL 5293521

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Download Publication The First District holds there is no bar to a successor fiduciary’s legal malpractice action against a predecessor fiduciary’s attorney. In 2002, David B. Davis hired Monica Dell’Osso and Burnham Brown, APC (Burnham Brown) to obtain a conservatorship over the person and estate of his mother. Davis represented there were no conservatorship assets, […]

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July 18, 2014

Schultze v. Chandler (2014) 765 F.3d 945

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Download Publication The Ninth Circuit holds the bankruptcy court has jurisdiction over a legal malpractice action against an attorney for an unsecured creditors’ committee, and the attorney did not owe a duty of care to individual committee members.  Plaintiffs Richard Schultze, Lorenze Zunino, Robert Bechetti, and Richard Questoni (Schultze) were investors in Colusa Mushroom, Inc., […]

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November 5, 2013

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

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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 […]

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October 11, 2013

Zealous Advocacy Loses Ground

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(Reprinted from the Los Angeles – San Francisco Daily Journal, October 11, 2013) Attorneys are taught to be zealous advocates for their clients. With rare exception, an attorney’s zealous advocacy should not lead to liability to third parties. Two recent state Court of Appeal decisions demonstrate that the line between zealous advocacy and actionable attorney […]

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October 25, 2012

Chodos v. Cole (2012) 210 Cal.App.4th 692

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Download Publication The Second District holds a claim for equitable indemnity by one attorney against another premised on claims of legal malpractice is not subject to an anti-SLAPP motion . Hillel Chodos and co-counsel Hugh Gibson sued Navabeh Borman for fees incurred in a marital dissolution and related “Marvin” action.  Chodos and Gibson alleged Borman […]

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October 10, 2012

Sands & Associates v. Juknavorian (2012) 209 Cal.App.4th 1269

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Download Publication The Second Division denies prevailing party attorneys’ fees for services rendered by “of counsel” attorneys.  A law firm and its “of counsel” constitute a single, de facto firm, and thus no fees are “incurred” for services. Sands & Associates represented Martin Juknavorian in a marital dispute.  The retainer agreement provided for binding arbitration […]

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June 12, 2012

Cole v. Patricia A. Meyer & Associates, APC (2012) 206 Cal.App.4th 1095

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Download Publication The Second District holds that attorneys’ passive role as standby counsel did not insulate them from liability for malicious prosecution. Raymond Boucher of Kiesel, Boucher, & Larson and Robert Ottilie were among several attorneys of record for plaintiffs in a shareholder derivative action against Christopher Cole and other directors of Peregrine Systems, Inc.  […]

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