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June 5, 2017

County of Los Angeles Board of Supervisors v. Superior Court (2017) 12 Cal.App.5th 1264 rev. den. (Oct. 11, 2017)

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Download Publication The Second District, on remand from the California Supreme Court, holds a government entity need not disclose any invoices in pending litigation under the Public Records Act.  Disclosures in closed matters required under the act are limited to fee totals, if a trial court concludes it would not reveal litigation strategy.  A trial […]

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April 19, 2017

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

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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 […]

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April 18, 2017

McDermott Will & Emery LLP v. Superior Court (2017) 10 Cal.App.5th 1083

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Download Publication The Fourth District holds an inadvertent disclosure of an attorney-client communication to a third party is not a knowing waiver.  An attorney who improperly uses inadvertently disclosed attorney-client communications can be disqualified. McDermott, Will & Emery LLP (McDermott) attorney Jonathan Lurie provided estate planning services for Marilyn and Dick Hausman. Dick managed Marilyn’s […]

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March 14, 2017

Behunin v. Superior Court (2017) 9 Cal.App.5th 833, rev. den.(Jun. 14, 2017)

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Download Publication The Second District holds there is no privilege when attorney-client communications are disclosed to a public relations consultant who was neither necessary for the communications between the attorney and client, nor necessary to further the interests of the client.  Nicholas Behunin, represented by Leonard Steiner and Steiner & Libo, sued Charles and Michael […]

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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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February 17, 2017

People v. Delgado (2017) 2 Cal.5th 544

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Download Publication The Supreme Court holds the presence of correctional officers to protect an attorney representing a violent criminal defendant does not deprive the accused of the effective assistance of counsel by violating the confidentiality of attorney client communications.  Inmate Anthony Delgado was serving a life sentence under California’s Three Strikes law when he murdered […]

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February 15, 2017

Argentieri v. Zukerberg 2017 WL 605313

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Download Publication The First District holds a press release about a malicious prosecution action is privileged under C.C. §47(d), a fair and true report of an official proceeding, but not under C.C. § 47(b), the litigation privilege.    While a student at Harvard Mark Zukerberg answered an ad posted by Paul Ceglia to provide website […]

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December 29, 2016

Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California) 16 C.D.O.S. 13548

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Download Publication The Supreme Court, in a four to three decision, holds whether an attorney client communication is privileged depends on whether the communication bears some relationship to the attorney’s legal services.  Invoices, transmitted to allow an attorney to collect a fee, may contain unprivileged information subject to disclosure under the Public Records Act, which […]

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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 28, 2016

Walker v. Apple, Inc. 16 C.D.O.S. 11477

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Download Publication The Fourth District holds a law firm’s concurrent representation of a class representative and, in a separate action, an unnamed but identified class member with conflicting interests results in automatic disqualification. Brandon Felczer, represented by Hogue & Belong, filed a wage-and-hour class action against Apple. The Felczer trial court certified six subclasses of […]

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