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Tag: Duty

October 19, 2011

Smith v. Cimmet (2011) 199 Cal.App.4th 1381

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Download Publication The First District holds that an attorney representing an estate in litigation to recover an asset may be liable to a non-client successor estate representative appointed by a foreign jurisdiction. After William Smith moved from California to Oregon he and his wife retained California attorney Jerry K.  Cimmet to represent them in the […]

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June 29, 2011

Bleavins v. Demarest (2011) 2011 WL 2557256 (Cal.App. 2nd Dist.)

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Download Publication The Second District holds that an attorney retained by an insurer to defend intentional causes of action is protected by the anti-SLAPP statute from claims by the client’s opponent. John Demarest and his law firm, Hanger, Steinberg, Shapiro & Ash (Demarest) were retained by Allstate to defend David Bleavins’s neighbors in a lawsuit […]

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December 8, 2010

Hall v. Kalfayan (2010) 190 Cal.App.4th 927

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Download Publication The Second District holds there is no duty to the potential beneficiary of an unexecuted estate plan. Carlyle Hall had known Alexandra Turner for several decades when Hall successfully petitioned for conservatorship based on Turner’s behavior, which showed signs of dementia. Hall contacted Kalfayan, the probate attorney appointed by the court in the […]

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September 3, 2010

Favila v. Katten Muchin Rosenman, LLP (2010) 188 Cal.App.4th 189

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Download Publication The Fourth District holds that attorneys who participate in fraudulent misrepresentations violate an independent duty and may be held liable for conspiracy with their client.  A shareholder derivative action may be precluded by the attorney-client privilege, but courts need to carefully examine questions of waiver and should not dismiss an action when it […]

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July 27, 2010

Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347

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Download Publication The Second District holds that a party has no standing to seek disqualification of an opponent’s attorney absent a prior attorney-client or other confidential relationship with that attorney.    Maartje Burman posted internet comments criticizing Great Lakes Construction, Inc. and Hampton Builders for their work on her home remodeling project.  They filed suit alleging libel, […]

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June 10, 2010

G.R. v. Intelligator (2010) 185 Cal.App.4th 606

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Download Publication The Fourth District holds that an attorney was protected by the anti-SLAPP statute from a claim by an adverse party, even when the attorney admittedly failed to follow a court rule protecting personal information Irene Intelligator represented G.R.’s wife in marital dissolution proceedings.  Intelligator filed a motion attaching un-redacted copies of credit reports […]

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April 5, 2010

Jocer Enterprises, Inc. v. Ernest Price, Ropers Majeski Kohn & Bentley (2010) 183 Cal.App.4th 559

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Download Publcation A claim for equitable indemnity by a client against its attorney cannot be stated where the attorney and client do not jointly owe a duty to a third party.  Ernest Price and his law firm, Ropers Majeski Kohn & Bentley represented Jocer Enterprises, Inc.  in a lawsuit against its former employee Laura Attig […]

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March 8, 2010

Milavetz, Gallop & Milavetz v. United States 2010 U.S. LEXIS 2206

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Download Publication United States Supreme Court holds the “Debt Relief Agency” provisions of the Bankruptcy Code apply to debtors’ attorneys. The Milavetz firm sued the government seeking declaratory relief that, as attorneys, it was not bound by certain provisions of the “Bankruptcy Abuse Prevention & Consumer Protection Act of 2005” (BAPCPA). The act amended the […]

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December 2, 2009

Prediwave Corp. v. Simpson Thacher & Bartlett LLP (2009)179 Cal.App.4th 1204

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Download Publication The Sixth District holds that the anti-SLAPP statute does not apply to client’s complaint against its attorney alleging a conflict of interest. PrediWave filed a complaint against Simpson Thacher & Bartlett LLP and individual attorneys at the firm for damages for breach of fiduciary duty; constructive fraud; malpractice; and unfair business practices. The […]

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March 16, 2009

Chang v. Lederman (2009) 172 Cal.App.4th 67

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Download Publication The Second District holds that an attorney owes no duty to a intended beneficiary absent an executed estate plan that establishes the identity of the beneficiary and the extent of the bequest.  About six months prior to the marriage of Raphael Schumert and Myung Chang, Schumert retained Gregory Lederman to prepare an estate […]

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