Legal Question in Civil Litigation in California

I do not believe it is clear on this issue. If you can still file on the earliest date, you should do so.

The statute of limitations begins to run when all of the elements are met for a claim for legal malpractice. Think about it. Could you have sued when the lawyer allegedly abandoned your case? (What does that even mean, other than flagging you as someone with borderline personality disorder.?) No, because nothing had happened other than the alleged abandonment. (Did they dump you in the desert outside Lancaster near the sign that warns people not to dump their pets?)

Did you have a case when the judge sustained the demurrer? Who knows, because you are not clear on whether or not it was sustained with leave to amend or leave to amend. If it was without leave to amend, it means the court found the pleading to be legally defective, which has no bearing on the attorney showing up or not showing up to the hearing.

The fact that the court sustained the demurrer indicates that the case did not have any merit, and militates against any malpractice claim.

Your conspiracy theory about some alleged judicial brotherhood is a bunch of fertilizer. All the lawyers responding to your question have pointed out that you have severe defects from the get go. They have done this for free, taking time out of their otherwise busy days.

Pull your head out and get some therapy.

I was one that answered your question yesterday that was obviously not what you wanted to hear. If you know the SOL is a year are you going to wait until the last minute? The reason we always get concerned about a Pro Per suing is that many times it is a total waste of time. I will ask again , you found out in August that attorney was withdrawing. Plaintiff takes no action and then claims malpractice? Did you really want a lawyer representing you who had a conflict? Legally if there is a conflict he could not represent you and he faced bar sanction if he did. You will find a claim like this will waste your filing fee. If it is a frivolous you will end up facing sanctions. You must have a basis in law

There are four elements you have to meet to have malpractice

1) you had attorney client relationship

2)you have to prove negligence or intent to cause harm. If the attorney withdrew because of ethics laws you can't prove this

3) you have to prove the attorneys actions caused the harm

4) you have prove that without the improper behavior you would have been successful. You lost the case on a demurrer with no leave to amend. You can't make a valid cause of action, if the demurrer was improper, you could gave appealed it, but wait you would rather file a malpractice case. Be prepared for sanction, penalties, maybe a declaration as a vexatious litigant... I will be snide here but you obviously know better than we do... Good luck in this lawsuit.

Then you claim we have malpractice insurance. You don't think the company will assist in defending the suit? It is a big concern, we don't settle because the rates go up! You also need to understand that whether or not we have insurance is not germane to the lawsuit and you can't bring it up in the case

The only thing Mr. Green's explicit [and correct] reasoning didn't include was the point that the Demurrer ruling found you and your complaint un-recoverably failed to state a valid cause of action, and there is no pleading or argument that you or the attorney could have made in opposition to the Demurrer, since the court can only consider the text contained in the pleadings, not anything additional. You have no grounds apparent grounds for suing the attorney for 'abandonment' as the case was OVER upon that dismissal ruling, and risk sanctions if you do. And, trust me, a malpractice lawsuit is a BIG F**KING DEAL to every attorney, regardless of insurance, as it invokes the State Bar disciplinary jurisdiction. If you file that without proper grounds, you are not going to like the process or the outcome. Consider carefully, Grasshopper.