California Court of Appeal

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Dang v. Smith, H033425

In plaintiff's legal malpractice action against her former attorneys and their firm, who had represented plaintiff in obtaining and attempting to collect a judgment against two men who purchased a bakery business from her and then defaulted, claiming that defendants failed to record a judgment lien against real property in which one of the judgment debtors held an interest as joint tenant, trial court's grant of defendants' motion for summary judgment is affirmed as plaintiff made no attempt to demonstrate, by proposed pleading, declarations, or otherwise, that she could truthfully plead, let alone prove, the elements of a cause of action on any of her new three theories. Further, because plaintiff at no time moved, or even asked the court, for leave to amend her complaint, plaintiff's argument that the trial court erred by failing to grant leave to amend is rejected not only because it is procedurally insupportable, but because none of the proposed new theories appears to be substantively viable.

Appellate Information

  • Decided 11/30/2010
  • Published 11/30/2010

Judges

  • RUSHING

Court

  • California Court of Appeal

Counsel

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