California Court of Appeal

In a legal malpractice action, trial court's dismissal for out-of-state plaintiff's failure to post an undertaking to secure an award of costs is reversed where the trial court failed to follow a procedure that ensured plaintiff received a full and fair hearing on the question of whether he could afford to post a bond, and the matter is remanded for a new determination of plaintiff's financial condition.

Appellate Information

• Decided 02/23/2009
• Published 02/23/2009

Judges

• PERLUSS, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Law Offices of Howard A. Kapp and Howard A. Kapp, Beverly Hills, for Plaintiffs and Appellants Nihad Alshafie and Nihad Alshafie, as Guardian ad Litem for Heba Alshafie, a Minor.


• For Appellees:
  
• Nemecek & Cole, Jonathan B. Cole, Jon D. Robinson, Sherman Oaks, and Mark Schaeffer for Defendants and Respondents M. Lawrence Lallande Sr., and Perona, Langer, Beck, Lallande & Serbin., Michael F. Sisson, in pro. per., and Law Offices of Michael F. Sisson and Michael F. Sisson for Defendant and Respondent Garrigues and Sisson., Richard L. Garrigues, in pro. per., for Defendant and Respondent Richard L. Garrigues.