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Tag: Statute of Limitations

March 2, 2017

Flake v. Neumiller & Beardslee 2017 WL 839822

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Download Publication The Third District holds a client’s receipt of a motion to withdraw stating the attorney is no longer providing legal services terminates the attorney-client relationship for statute of limitations analysis.       Stanley Flake and others were represented by Neumiller & Beardslee (Neumiller) in unsuccessful real estate litigation.  Neumiller moved to withdraw after trial […]

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November 3, 2016

Foxen v. Carpenter (2016) 6 Cal.App.5th 284

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Download Publication The Second District holds California’s legal malpractice statute of limitations, C.C.P. § 340.6, applies to all claims, including those based on non-legal functions, that are incident to the attorney-client relationship.     Christine Foxen and her husband hired John Carpenter and his firm to recover for Foxen’s personal injuries.  After both claims were settled, […]

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October 12, 2016

GoTek Energy, Inc., v. SoCal IP Law Group, LLP (2016) 3 Cal.App.5th 1240

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Download Publication The Second District holds a client has no reasonable expectation of further services when a law firm announces it must withdraw.  Further ministerial acts transferring the file to new counsel do not constitute continuing representation to toll the statute of limitations.     When SoCal IP Law Group, LLP represented GoTek Energy, Inc. it […]

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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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January 11, 2016

Kelly v. Orr (2016) 243 Cal.App.4th 940

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Download Publication The Fourth District holds a successor trustee’s suit against counsel was timely because it was filed within one year of termination of the attorney-client relationship with the predecessor trustee. James Kelly was the successor trustee of the Beverly Snodgrass Clark Intervivos Trust. He sued attorneys Barbara Orr, Joseph Holland, Gretchen Shaffer and the […]

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August 20, 2015

Lee v. Hanley (2015) 61 Cal.4th 1225

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Download Publication The Supreme Court holds C.C.P. § 340.6’s one-year statute of limitations applies solely where the claim depends on proof an attorney violated a professional obligation. Nancy Lee hired attorney William Hanley to represent her in litigation and advanced Hanley attorney fees. After the matter settled Hanley notified Lee she had a credit balance.  […]

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June 25, 2015

Shaoxing City Maolong Wuzhong Down Products, LTD. et al., v. Keehn & Associates, APC et al. 2015 WL4452801

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Download Publication The Second District rules the legal malpractice one-year limitations period was triggered when an attorney missed a deadline, not when the underlying case settled.  Shaoxing City Maolong Wuzhong Down Products, LTD, (“Shaoxing”), a creditor in a bankruptcy proceeding, retained Keehn & Associates (“Keehn”) to challenge another creditor’s lien. Keehn failed to timely challenge […]

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May 1, 2015

Bergstein v Stroock & Stroock & Lavan LLP (2015) 236 Cal.App.4th 793

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Download Publication The Second District holds a non-client’s complaint that a law firm aided and abetted his former attorney’s breach of fiduciary duty involves constitutionally protected petitioning activity subject to the anti-SLAPP statute. Despite causes of action labeled as various torts, all the conduct alleged involved communicative conduct protected by the litigation privilege. The statute […]

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April 1, 2015

Britton et al., v. Girardi, et al., (2015) 235 Cal.App.4th 721

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Download Publication The Second District concludes misappropriation claims against attorneys filed 15 years after an aggregate settlement were untimely.  In Prakashpalan v. Engstrom, Lipscomb & Lack (2014) 23 Cal App 4th 1105 the Second District  held an attorney’s responsibility to account for settlement proceeds was governed by the fiduciary provisions of the Probate Code.  The […]

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July 15, 2014

Lee v. Hanley (2014) 227 Cal.App.4th 1295

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Download Publication The Supreme Court will review a case from the Fourth District holding a claim for return of unearned fees is not governed by the statute of limitations applicable to attorney professional services, C.C.P. § 340.6. Nancy F. Lee hired William B. Hanley to represent her in civil litigation, and paid him advance fees. […]

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