California Court of Appeal

Dismissal of an action against defendant-former attorney to collect unused attorney fees is reversed and remanded, where: 1) to the extent a claim is construed as a wrongful act not arising in the performance of legal services, such as garden variety theft or conversion, Code of Civil Procedure section 340.6 is inapplicable; 2) here, the facts alleged in plaintiff's second amended complaint could be construed as giving rise to a cause of action for the theft or conversion of an identifiable sum of money belonging to her; and thus, 3) the trial court erred in holding that plaintiff's action is barred by the section 340.6 one-year statute of limitations without further factual development.

Appellate Information

• Decided 07/15/2014
• Published 07/15/2014

Judges

• MOORE

Court

• California Court of Appeal

Counsel