Date Posted: February 13, 2010 by CaliLaw
Opposition to Motion for Summary Judgment Legal Malpractice
Plaintiff retained defendant law firm in an underlying personal injury suit. Plaintiff settled the underlying suit and filed the present suit against law firm alleging that law firm's negligence in not suing public entities caused damage because plaintiff is now time barred from pursuing those claims. Defendant argues in moving papers that plaintiff could not have prevailed in the "suit within a suit" against the public entities, so the malpractice claim fails as a matter of law. This opposition outlines the law on legal malpractice and argues that there is a question of fact as to whether plaintiff could have prevailed against the public entities.