Blog Home

Tag: Fiduciary Duty

April 19, 2017

Broadway Victoria, LLC v. Norminton, Wiita & Fuster (2017) 10 Cal.App.5th 1185

Posted by: jab | Share | Comments Off on Broadway Victoria, LLC v. Norminton, Wiita & Fuster (2017) 10 Cal.App.5th 1185

Download Publication The Second District holds facts supporting a legal malpractice claim are insufficient to support a breach of fiduciary duty claim.  Breach of fiduciary duty requires an additional showing the attorney breached a duty of confidence or loyalty.  Broadway Victoria, LLC, was a commercial real estate company owned by Anita Lorber.  She also owned […]

Tags:
Categories: Legal Updates

February 2, 2014

Prakashpalan v. Engstrom, Lipscomb and Lack (2014) 223 Cal.App.4th 1105

Posted by: jab | Share | Comments Off on Prakashpalan v. Engstrom, Lipscomb and Lack (2014) 223 Cal.App.4th 1105

Download Publication The Second District hold claims based on distribution of settlement proceeds 15 years prior were timely based on the Probate Code.   Prakashpalan’shome was severely damaged by the 1994 Northridge earthquake. Engstrom represented Prakashpalan and other property owners in a bad faith and property damage claim against State Farm. State Farm paid over $100 […]

Tags: ,
Categories: Legal Updates

August 30, 2011

Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153

Posted by: jab | Share | Comments Off on Fremont Reorganizing Corp. v. Faigin (2011) 198 Cal.App.4th 1153

Download Publication  The Second District holds that illegal conduct not protected by the anti-SLAPP statute is limited to criminal conduct. Although attorney conduct may be protected activity under the anti-SLAPP statute, where attorney conduct reveals client secrets a client can nonetheless establish a probability of prevailing for claims of breach of fiduciary duty and confidentiality, because […]

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

July 15, 2008

Styles v. Mumbert (2008) 164 Cal.App.4th 1163

Posted by: jab | Share | Comments Off on Styles v. Mumbert (2008) 164 Cal.App.4th 1163

Download Publication The Sixth District holds that an attorney breaches fiduciary duties by purchasing the interests of the former client’s adversary and attempting to substitute in as the client’s adversary.  Edward Mumbert retained Anthony Pagkas to defend him in an action filed by Delia Styles.  Due to Pagkas’s errors, the trial court ordered terminating sanctions […]

Tags: ,
Categories: Legal Updates

May 6, 2005

In the Matter of Joshua M. Dale (2005) WL 1389226

Posted by: jab | Share | Comments Off on In the Matter of Joshua M. Dale (2005) WL 1389226

Download Publication The California State Bar Court holds that an attorney who influenced an incarcerated witness represented by other counsel to confess to the commission of a crime breached his fiduciary duty and committed acts of moral turpitude. Darryl Geyer, a 22 year-old man with a tenth grade education confessed to police that he started […]

Tags: , ,
Categories: Legal Updates

November 5, 2004

Benasara v. Mitchell, Silberberg & Knuff(2004) 123 Cal.App.4th 1179

Posted by: jab | Share | Comments Off on Benasara v. Mitchell, Silberberg & Knuff(2004) 123 Cal.App.4th 1179

Download Publication The Second District holds that causes of action for breach offiduciary duty asserted against an attorney do not arise from an attorney’s exercise of a constitutional right of free speech or petition.  Thus, these claims are not susceptible to attack via a Special Motion to Strike under California’s anti-SLAPP (Strategic Lawsuit Against Public […]

Tags: ,
Categories: Legal Updates