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April 27, 2011

Gutierrez v. Giradi (2011) 194 Cal.App.4th 925

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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 Girardi negotiated settlements with most of the Lockheed defendants, and Gutierrez received a series of payments as his share.  Three of the non-settling defendants prevailed on a motion for summary judgment based on the statute of limitations.

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