Law Practice,
Ethics/Professional Responsibility,
Civil Litigation
Jun. 12, 2020
Demurrer can dispose of legal malpractice claims based on the statute of limitations tolling provision
The 6th District Court of Appeal recently issued a landmark decision upholding the trial court’s sustaining of a demurrer, without leave to amend, based on a statute of limitations defense.
Jason E. Fellner
Partner
Fellner Law Group
Legal malpractice
University of San Francisco School of Law
Kevin Cardona
Senior Associate
Millstein Fellner LLP
John Girarde
Senior Counsel
Murphy, Pearson, Bradley & Feeney PC
Phone: (415) 788-1900
Email: jgirarde@mpbf.com
On April 24, the 6th District Court of Appeal issued a landmark decision in Nguyen v. Ford, 2020 DJDAR 4610, upholding the trial court's sustaining of a demurrer, without leave to amend, based on a statute of limitations defense. Nguyen brought an untimely legal malpractice claim, relying on the tolling provision of Code of Civil Procedure Section 340.6(a), and unsuccessful...
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