California Court of Appeal
Smith v. Cimmet, A129586
In an appeal from a judgment of the trial court dismissing a legal malpractice action brought by a successive estate representative on the ground that the representative lacked standing because he was never a client of the defendant-attorneys, judgment is reversed where: 1) an Oregon representative lacks capacity to sue in California because his authority does not extend beyond Oregon but may seek relief through an ancillary appointment by the California courts; and 2) under both California and Oregon statutory law, plaintiff has standing to sue attorneys who were retained by his predecessor to act on the estate's behalf.
Appellate Information
- Decided 10/18/2011
- Published 10/18/2011
Judges
- Sepulveda
Court
- California Court of Appeal