California Court of Appeal

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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

Counsel

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