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Martorana v. Marlin & Saltzman, B209863

Trial court judgment sustaining the demurrers of Class Counsel is affirmed where: 1) plaintiff is collaterally estopped from pursuing a malpractice claim against Class Counsel based on the theory that counsel breached their duty of care to the class by failing to negotiate a different settlement notice procedure than that approved by the trial court in the prior action; and 2) plaintiff's argument that Class Counsel breached their duty of care by failing to contact him specifically once they knew or should have known that he had not submitted a timely claim form fails, as there is no authority imposing such an obligation on counsel in a class action suit. The court's award of sanctions to plaintiff's former employer Allstate under Code of Civil Procedure sec. 128.7 is reversed where Allstate did not satisfy the safe harbor requirements of the statute in seeking monetary sanctions against plaintiff and his counsel.

Appellate Information

  • Decided 07/01/2009
  • Published 07/01/2009


  • ZELON, J.


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Bennett Rolfe and Bennett Rolfe for Plaintiff and Appellant.

  • For Appellees:
  • Marlin & Saltzman, Louis M. Marlin, Irvine, and Stanley D. Saltzman, Agoura Hills, for Defendants and Respondents Marlin & Saltzman, Louis M. Marlin and Stanley D. Saltzman., Nemecek & Cole, Jonathan B. Cole, Sherman Oaks, Mark Schaeffer and Janette S. Bodenstein for Defendants and Respondents Rex Parris Law Firm, R. Rex Parris, Robert Parris, Schwartz Daniels & Bradley, Arnold Schwartz, and Marcus Bradley., Seyfath Shaw, Andrew M. Paley and Laura Reathaford, Los Angeles, for Defendant and Respondent Allstate Insurance Company.
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