California Court of Appeal

In an action for legal malpractice and indemnity against an attorney and a law firm, trial court's order sustaining defendant's demurrer to the second amended complaint without leave to amend on the ground that plaintiffs' claims were time-barred under Code of Civ. Proc. section 340.6 is affirmed in part and reversed in part where: 1) with regard to the legal malpractice claim against the attorney, the sustaining of the demurrer is affirmed but plaintiffs should be granted leave to amend the claim as the fourth tolling provision tolled the one-year limitations period while the attorney was allegedly absent from California; and 2) with respect to the remaining claim, the trial court properly sustained the demurrer and denied leave to amend as the complaint asserts no tenable claim for indemnity against the attorney and no tenable claim of any sort against the law firm.

Appellate Information

• Decided 04/05/2010
• Published 04/05/2010

Judges

Court

• California Court of Appeal

Counsel