California Court of Appeal

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Kumaraperu v. Feldsted, B253978

In this legal malpractice action, alleging plaintiff's attorneys negligently advised her to draw a check on an account that she owned but on which she was not a signatory and deposit the funds into another account she owned, which she alleges exposed her to a criminal forgery prosecution, the trial court grant of demurrer without leave to amend, on the grounds that plaintiff bore unclean hands and failed to allege she had been found factually innocent of forgery, is affirmed but on different grounds where transferring one's own funds from one account to another cannot be the basis of a forgery prosecution absent intent to defraud, even if the transfer is effected by means of a false signature. Therefore, plaintiff's criminal prosecution could not reasonably have been foreseen by defendants, and any damages she incurred defending against it were not caused by them.

Appellate Information

  • Decided 05/29/2015
  • Published 05/26/2015

Judges

  • CHANEY

Court

  • California Court of Appeal

Counsel