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Tag: Statute of Limitations

April 4, 2014

Roger Cleveland Golf Company, Inc. v. Krane & Smith, APC, (2014) 225 Cal.App.4th 660

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Download Publication The Second District holds California Code of Civil Procedure § 340.6 does not apply to malicious prosecution claims against an attorney. Krane & Smith, LLC, Marc Smith, and Ralph Loeb (“Attorneys”) represented Sportsmark in litigation against Roger Cleveland Golf Company, Inc. Sportsmark filed a breach of contract complaint when RCG did not renew […]

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February 2, 2014

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

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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 […]

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December 18, 2013

Stueve Bros. Farms, LLC v. Berger Kahn (2013) 222 Cal.App.4th 303

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Download Publication The Fourth District holds claims of serious wrongdoing are not barred by CCP § 340.6 because the four-year limitation period was tolled by continuous representation, and the one-year limitation period did not commence until discovery. The heirs to the Stueve family Altadena Dairy fortune alleged attorney Raymond Novell, a lifelong friend of the […]

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October 4, 2013

Yee v. Cheung 2013 WL 5496953

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Download Publication The Fourth District holds Code of Civil Procedure 340.6, the statute of limitations for claims premised on an attorney’s professional services, applies to a malicious prosecution claim.  Further, probable cause is established as a matter of law if a motion for nonsuit is denied in the underlying case.  A dispute arose between Don […]

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December 31, 2012

Silas v. Arden 2012 WL 6963524

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Download Publication The Second District holds that a case lacks probable cause if the attorney knows that the facts render an otherwise viable legal theory inapplicable, or continues to pursue a claim despite definitive evidence undermining it.  Further, case law holding the one year statute of limitations for claims against attorneys in their professional capacity […]

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July 18, 2012

Croucier v. Chavos, 2012 WL 2914117 (Cal. App.)

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Download Publication A client’s failure to recover a substantial money judgment was actual injury sufficient to commence the statute of limitations on claims against a former attorney. Anthony Chavos represented Jeff Croucier and David Moody in litigation against Sun Limousine Manufacturers and other individuals for breach of contract and fraud.  Croucier and Moody obtained a […]

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May 25, 2012

Shifren v. Spiro 2012 WL 1877407

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Download Publication The Second District holds that prior to a family law court’s decision about the effect of a trust on property interests there was no actual injury and the statute of limitations was tolled. Kenneth and Barbara Shifren established a trust and executed an agreement transmuting all property received during their marriage to community […]

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April 19, 2011

Callahan v. Gibson, Dunn & Crutcher (2011) 194 Cal.App.4th 557

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The Second District holds that actual injury sufficient to trigger the statute of limitations did not occur at the time a partnership agreement was drafted, but sixteen years later, when the dissolution provision of the agreement was triggered or when plaintiffs began to incur legal fees in response to a third party’s attempt to dissolve […]

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March 22, 2011

Vafi v. McCloskey (2011) 193 Cal.App.4th 874 903

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The Second District holds that the statute of limitations for claims made by non-clients against attorneys acting in their professional capacity is governed by C.C.P. § 340.6 Sassan Vafi and Kathleen Keller filed counter suits against each other in connection with a trademark dispute.  Vafi lost his claims on the pleadings and Keller later dismissed […]

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June 7, 2010

Lahiri v. Universal Music and Video ODW-CT Distribution 606 F.3d 1216 (9th cir. 2010)

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Download Publication The Second District holds that continuous representation ends when a client hires new counsel to represent the client and the attorney takes no further action on the subject matter.  The Court also holds that contractual attorneys’ fees may be awarded to a firm representing itself under a broadly worded prevailing party attorneys’ fee […]

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