Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
After Partial Payment In Medical Malpractice Action, Patient Was Not Informed Of Statute Of Limitations.
After surgery, a patient suffered an infection. The bacteria that infected the patient’s knee apparently survived the sterilization process at the surgical facility. The bacteria was found on a surgical sponge. The doctor paid the patient $4,118.23 for the medical expenses he incurred for treatment of the infection. Fifteen months later, the patient sued the […]
“The Remedy Is Worse Than The Transvaginal Disease.” Francis Bacon.
Pelvic organ prolapse occurs when a woman has weak vaginal walls that allow adjoining organs, the uterus, the bladder, and/or the rectum, to drop into the vaginal canal. This condition can cause organ dysfunction, such as incontinence, pelvic pressure and pain. Pelvic organ prolapse can significantly impact a woman’s quality of life and, in severe […]
Wrong Analysis Establishing Trial Court Error.
After losing her action against a business which allegedly permitted water and sewage to flow into a subleased premises causing damage, a plaintiff did not appeal. Instead she filed a legal malpractice action against her lawyer, alleging the lawyer failed to designate and call an expert witness at the trial on the issue of whether […]
Statement Of Damages Served After BK Stay Lifted.
Instead of answering a medical malpractice complaint, a plastic surgeon filed bankruptcy. The plaintiff was granted relief by the bankruptcy court to proceed against the debtor “so long as recovery against debtor is limited to available insurance proceeds.” Plaintiff then served defendant’s insurer with a notice of default hearing, accompanied by a statement of damages […]
Demurrer Granted In Legal Malpractice Action Reversed On Appeal.
This action involves a man who hired a law firm to represent him in connection with a petition to have him appointed as conservator of his mother’s person and estate. The woman’s son was appointed conservator and informed the court all of his mother’s assets were in trust, and, therefore, no bond was required. The […]
Statute Of Limitations In Medical Setting.
Plaintiff alleged a doctor committed battery and inflicted IIED. The trial court dismissed plaintiff’s action, after concluding the CCP § 340’s one-year statute of limitations, and not the general personal injury two-year limitations period, applies. In affirming, the appellate court explained: “We must look past the labels [plaintiff] uses and examine the specific conduct [plaintiff] […]
No Causation In Legal Malpractice Action.
A woman, who was born in the USA, began living with a man in 1998. Without the benefit of a marriage license, in 2000, they participated in a traditional Hmong marriage ceremony. They signed numerous documents, filed tax returns indicating they were married and had two children. In 2009, the woman filed a petition for […]
Legal Malpractice Statute Of Limitations.
Plaintiff hired a lawyer to represent her in litigation. After settlement, plaintiff sought a refund of unearned attorney fees she had advanced as the lawyer had written her a letter stating she had a credit balance of $46,321.85 and the invoice so reflected. When the refund was not forthcoming, she hired another lawyer to try […]
Family Law Lawyers Sued For Legal Malpractice & Won.
The husband in a dissolution action brought what the appellate court termed a “settle and sue” legal malpractice case against his former lawyers for recommending he pay his ex-wife permanent spousal support of $7,000 per month. He alleged the settlement was excessive because the lawyers improperly calculated his permanent support obligation based upon DissoMaster guidelines instead […]
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