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Tag: Statute of Limitations

May 20, 2010

Lockton v. O’Rourke (2010) 184 Cal.App.4th 1051

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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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May 17, 2010

Laclette v. Galindo (2010) 184 Cal.App.4th 919

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Download Publication The Second District holds that the pendency of a settlement agreement that called for payments over time tolls the legal malpractice statute of limitations under the continuous representation exception absent express termination of the relationship. Alexis Galindo defended Amaryllis Laclette in connection with a claim against her in connection with the sale of […]

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October 11, 2007

Zurich American Insurance Co. v. Superior Court (Watts Industries, Inc), (2007) 155 Cal.App.4th 1485

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Download Publication The Second District holds that the attorney-client privilege extends beyond a corporation’s control group to employees who implement legal advice. Watts Industries, Inc.  filed suit against Zurich American Insurance Co.  alleging bad faith breach of its duty to defend and to provide coverage; Zurich filed a declaratory relief action against Watts and others […]

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September 27, 2007

Beal Bank, SSB v. Arter & Hadden, LLP, (2007) 42 Cal.4th 503

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Download Publication The Supreme Court holds that the continuous representation tolling provision of C.C.P.  § 340.6 does not apply to the former law firm of a departed attorney who continues to represent the client through final resolution of the underlying case.  Beal Bank retained Arter & Hadden, LLP, to handle some collection matters.  An associate, […]

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June 2, 2006

Gonzalez v. Kalu (2006) 140 Cal.App.4th 21

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Download Publication The Second District decides that it is a question offact whether the statute of limitations is tolledfor continuous representation despite no services and no attorney-client contact for two and a halfyears. Gabriella Gonzalez hired Emelike Kalu to represent her in a sexual harassment claim.  Kalu sent a demand letter and a Department of […]

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February 24, 2006

Fritz v. Ehrmann (2006) Second Dist. Div. Four No. B178701

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Download Publication The Second District holds that the “continuous representation” tolling provision of the legal malpractice statute of limitations includes clients who return to attorneys to rectify problems or mitigate damages after accrual of the cause of action and before expiration of the statute of limitations.  In addition, the court held that separate statute of […]

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July 7, 2005

Klug v. Klug (2005) 130 Cal. App. 4th 1389

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Download Publication The Third District holds that a legal malpractice settlement is separate property because the cause of action accrued after separation. Prior to separation, Donald Klug retained the services of attorney Craig Christensen to set up a limited partnership to protect his and his wife’s assets from potential litigation involving Donald’s medical practice.  Donald […]

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January 12, 2004

Gold v. Weissman (2004) 114 Cal.App.4th 1195

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Download Publication The Second District holds the statute of limitations was tolled while the attorney continued to represent the client on tangential matters. Nora Lee Gold hired Donald Weissman and his law firm to sue her doctor for medical malpractice.  When Weissman failed to file the complaint within the statutory time, Weissman disclosed the error […]

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October 31, 2002

Leasequip, Inc. v. Dapeer (2002) 103 Cal.App.4th 394

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Download Publication An attorney may be equitably estopped from raising the bar of the statute of limitations. Between 1994 and 1999 Philip Dapeer advised the sole shareholder of Leasequip, Jonathan Lampel, that he need not observe corporate formalities such as maintaining minutes or filing information required by the State.  Dapeer told Lampel the corporation would […]

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April 30, 2002

Seheult v. Jeffer, Manges, Butler & Marmaro (April 30, 2002, B146243)Cal.App.4th [02 C.D.O.S. 3748]

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Download Publication Creation of an enforceable obligation is sufficient “actual injury” to trigger legal malpractice statute of limitations regardless of whether plaintiff has incurred any out-of-pocket losses. The Second District has significantly expanded the scope of the “actual injury” necessary to commence the legal malpractice limitations period under Code of Civil Procedure section 340.6.  In 1995 plaintiff […]

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