California Court of Appeal

Summary judgment for defendants on plaintiff's claims for legal malpractice and breach of fiduciary duty, related to toxic mold personal injury settlement, is affirmed as the statute of limitations had run on plaintiff's toxic tort claims before she consulted defendants and, moreover, plaintiff cannot prove damages from any misrepresentation or concealment because defendants obtained a recovery for her in the underlying action to which she was not legally entitled.

Appellate Information

• Decided 09/19/2006
• Published 09/19/2006

Judges

• SIMS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Carlson, Calladine & Peterson and Guy D. Calladine, San Francisco, for Plaintiff and Appellant.


• For Appellees:
  
• Boyd & Kimball, Betsy S. Kimball and David E. Boyd, for Defendants and Respondents.