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Tag: Duty

August 18, 2008

Walter v. Drayson 538 F3rd 1244 (9th Cir. 2008)

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Download Publication The Ninth Circuit holds that a RICO claim cannot be stated against an attorney who merely provided legal services to a client. Patricia Ward Walter created a revocable living trust with herself as sole trustee.  Her four children, including Robert and Elizabeth, were designated as equal beneficiaries.  Karen Temple is a lawyer who […]

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March 6, 2008

California Back Specialists Medical Group v. Rand (2008) 160 Cal.App.4th 1032

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Download Publication The Second District holds that a lawsuit concerning an attorney’s failure to honor a lien for medical services is not subject to the anti-SLAPP statute. Gary Rand represented Frank and Mona Beltran in two auto accident cases.  California Back Specialists Medical Group (CBSMG) treated the Beltrans in exchange for liens on their personal […]

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August 27, 2007

Freeman v. Schack (2007) 154 Cal.App.4th 719

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Download Publication  The Fourth District holds that there is no anti-SLAPP protection for petitioning activity only incidental to unprotected activity. Arleen Freeman and James Alexander initiated an antitrust action against a real estate listing service.  When Alexander Schack learned that they were seeking class certification, he offered his services as a class action attorney with […]

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April 30, 2007

PCO, Inc. v. Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro, LLP

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Download Publication The Second District holds that a firm is liable for the acts of a non-equity partner holding himself out as a member of the partnership, regardless of internal agreements concerning the partner’s separate practice. PCO was in the business providing discounted life insurance benefits to beneficiaries prior to the death of the insured.  […]

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March 21, 2007

Zenith Ins. Co. v. O’Connor (2007) 148 Cal. App. 4th 998

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Download Publication The Second District holds that counsel for a carrier has not attorney-client relationshipwith the carrier’s reinsurer. Zenith Insurance Company (Zenith), entered into a contract with Royal Insurance Company (Royal) to reinsure 100% of Royal’s exposure under certain liability policies.  Royal retained Cozen O’Connor (Cozen) to defend claims against its insured.  Zenith contacted Cozen […]

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December 21, 2006

Kolar v. Donahue, McIntosh & Hammerton (2006) 145 Cal.App.4th 1532

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Download Publication The Fourth District sets forth a blanket rule that the anti-SLAPP statute does not cover legal malpractice actions. The Kolar family retained Donahue, McIntosh & Hammerton (Donahue) to represent them in a neighbor dispute.  After a large monetary judgment was entered against them, the Kolars sued Donohue for “garden variety” legal malpractice.  Donahue […]

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July 29, 2005

Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc. (2005) 131 Cal.App.4th 802

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Download Publication In the context of a claim of attorney-client conspiracy, the Sixth District holds that an attorney for an assignee for the benefit of creditors owes no duty to a creditor. After Berg settled a dispute with Pluris Inc. it assigned its assets to Sherwood for the benefit of its creditors.  Sulmeyer represented Sherwood when […]

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June 15, 2005

Chapman v. Superior Court (Malcolm) (2005) 130 Cal.App.4th 261

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Download Publication The Fourth District holds that due to conflicting facts and inferences it could not determine the existence or non-existence of an attorney-client relationship between a public agency attorney and one of its board members as a matter of law.  However, public policy precluded recovery against the attorney where the putative client alleged that […]

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November 22, 2004

Osornio v. Weingarten (2004) 124 Cal.App.4th 304

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Download Publication The Sixth District holds that an estate-planning attorney owes a duty of care to a non-client beneficiary when there is no ambiguity about the testator’s intent to benefit the non-client and imposing a duty would not impair the attorney’s duty of loyalty to the testator-client. Dora Ellis retained Lawrence Weingarten to prepare a […]

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November 1, 2004

Boranian v. Clark (2004) 123 Cal.App.4th 1012

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Download Publication The Second District holds that there is no duty to an intended beneficiary of an estate plan when such a duty would compromise the attorney’s duty of loyalty to the client. After Marlene Farris and Placido Chavez moved in together Farris refinanced her house and used the proceeds to purchase a business for […]

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