Legal Question in Civil Litigation in California

In an underlying case, a law firm (that has Malpractice Insurance) abandoned the case of Plaintiff (because one of the defendants was property management company for the attorney's home, so conflict of interests occurred).

August: the attorney left the case(abandoned) in the month of August, and had failed to prepare any oppositions to defendants' demurrers

September: Demurrer hearings occurred & the court ruled in defendants favors because the attorney and Plaintiff (that was seriously ill, with medical excuses/paperwork) did not attend at the demurrer hearings in the month September.

October: weeks later, the court entered judgment of dismissals in October.

In this Legal Malpractice case, when does the statute of limitations begin?

1.) When Plaintiff first found out that Attorney abandoned the case in August?

2.) When the court sustained defendants' demurrers without leave to amend in September?

3.) when the court signed judgments of dismissals in October?


Asked on 4/28/14, 8:15 pm

3 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

I would suggest thus is not abandonment and not malpractice at all. I think someone is trying to assign blame and seek compensation when there is none. If the attorney had a conflict and withdrew, I suspect plaintiff was notified. Nothing indicates the attorney was dilatory in the withdrawal. Plaintiff appears to have had enough time to get a new attorney. Once attorney withdrew, there was no obligation to continue to work on the case or appear. This is more true if the attorney filed Notice with the court. Malpractice insurance has nothing to do here with this case.

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Answered on 4/28/14, 8:47 pm

When the attorney left the case did they get a substitution of attorneys signed. How was it the attorney abandoned the case. Need more facts. really need more facts. If you would like feel free to call my office 818 345-0123

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Answered on 4/28/14, 9:30 pm
Anthony Roach Law Office of Anthony A. Roach

If the attorney substituted out of the case and the plaintiff was representing himself/ herself, then I fail to see any abandonment or malpractice issues at all. In fact, if there was a true conflict of interest, then the attorney was required ethically to substitute out of the case and cease representation.

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Answered on 4/29/14, 7:22 am


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