Civil Litigation,
Ethics/Professional Responsibility,
Law Practice
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
Millstein Fellner, LLP
Legal malpractice
University of San Francisco School of Law
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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