California Court of Appeal

Wood v. Jamison, B196898

In a malpractice action brought by the trustee of 78-year old decedent for defendant-attorney's role in performing legal services for client who convinced decedent that he was her nephew, judgment for damages, attorney's fees and costs based on legal malpractice, breach of fiduciary duty and financial abuse of an elder is affirmed where: 1) defendant failed to advise decedent of a conflict of interest; 2) defendant failed to advise decedent the investment was not appropriate for her, or at least to refer her to an independent investment advisor; and 3) defendant obtained an undisclosed profit from the transaction.

Appellate Information

• Decided 09/30/2008
• Published 09/30/2008

Judges

• GILBERT, P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• J.J. Little & Associates and James J. Little for Defendant and Appellant., Steinmeyer Roth LLP, William B. Steinmeyer and Thomas M. Roth for Plaintiff and Respondent.