During her final argument in a product liability case involving severe physical injuries to the child plaintiff undergoing a tonsillectomy with the use of an electrocautery device, defense counsel included the following statements: “[Plaintiff] has crafted a case to fit what he wants. He’s crafted it. Why? I think you know. I think you’ve all […]
Statute Of Limitations Bars Suit Against Accounting Firm.
The president of a company forced to cease operation due to its liability for unpaid payroll taxes sued its accounting firm for professional negligence. The accounting firm asserted the action was barred by the two-year statute of limitations in Code of Civil Procedure §339, and the trial court sustained its demurrer without leave to amend. […]
Another Tricky Statute Of Limitations Issue In Legal Malpractice Case Against Lawyer.
Lawyer successfully obtained a default judgment, but failed to successfully enforce it. When he was sued for legal malpractice, the trial court sustained the lawyer’s demurrer without leave to amend on the issue of the statute of limitations. The plaintiffs in the malpractice action argued the lawyer’s acts or omissions may have been harmless if […]
$10,000 Sanction In Obtaining Extension Of Time To File Response To Appeal.
Respondent’s counsel asked for an extension of time to file a response. Under penalty of perjury, he said he needed more time due to the many “complex issues raised.” When the brief was filed, it contained “identical–and we mean word-for-word identical” assertions contained in another brief filed by the same counsel in 2009. The appellate […]
Actual Innocence Required For Malpractice Against Criminal Defense Lawyer.
Convicted criminal, acting as a plaintiff in a legal malpractice action, sued his criminal defense lawyer, alleging deficient representation concerning payment of restitution which resulted in his being charged with a probation violation, spending more time incarcerated and losing wages. The appellate court found no error after the trial court sustained a demurrer without leave […]