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Attorneys
Legal Malpractice
Negligent Advice

Annette Aiassa, an individual v. Charles W. Volpe, Attorney at Law; Pauline Reimer, an individual and Attorney at Law; Janice L. Earle, an individual and Attorney at Law; Earle & Reimer, A Professional Corporation; Grace Ybarra, Attorney at Law, and Does 1 through 100, inclusive

Published: Feb. 1, 2014 | Result Date: Dec. 16, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 1-11-CV-210378 Bench Decision –  Dismissal

Court

Santa Clara Superior


Attorneys

Plaintiff

Damian R. Fernandez


Defendant

Stuart M. Gordon
(Gordon & Rees LLP)

James K. Holder
(Gordon & Rees LLP)


Facts

Annette Aiassa filed a malpractice lawsuit against Earle & Reimer, Pauline Reimer, Janice Earle and others, claiming she was given negligent advice in regards to the settlement of a complicated trust administration dispute in which Aiassa served as trustee.

Contentions

PLAINTIFF'S CONTENTIONS:
Aiassa claimed that Earle & Reimer provided negligent legal advice in the matter and asserted causes of action for legal malpractice. She also asserted causes of action for deceit and misrepresentation, elder abuse, conspiracy to defraud, intentional infliction of emotional distress, breach of contract, and declaratory relief.

DEFENDANTS' CONTENTIONS:
Defendants denied Aiassa's claims.

Result

The court ruled in favor of the defendants, and dismissed Aiassa's claims entirely and with prejudice.

Other Information

Aiassa was impeached during the first day of deposition and refused to appear or produce records.


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