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Attorneys
Legal Malpractice
Breach of Fiduciary Duty

Broadway Victoria LLC v. Norminton, Wiita & Fuster, Thomas M. Norminton, Thomas M. Norminton PC

Published: Jun. 13, 2015 | Result Date: May 19, 2015 | Filing Date: Jan. 1, 1900 |

Case number: SC119091 Verdict –  Defense

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Marc Smith

Daniel L. Reback


Defendant

Janette S. Bodenstein

Jonathan B. Cole
(Nemecek & Cole)


Experts

Plaintiff

Bradley Lofgren
(technical)

Kathleen March
(technical)

Gary M. Tenzer
(technical)

Christopher E. Rolin
(technical)

Defendant

George E. Schulman
(technical)

Brian Bregman
(technical)

Dennis Greenwald
(technical)

Gary A. Waldron
(technical)

Facts

Plaintiff Broadway Victoria LLC had hired defendants Norminton, Wiita & Fuster and Thomas M. Norminton to represent it in an underlying action for breach of the right of first refusal. Summary judgment was granted against plaintiff based on a lack of standing to sue.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants committed legal malpractice and breached their fiduciary duty in their representation of plaintiff. Plaintiff also claimed that defendants failed to advise it that its bankruptcy attorneys had committed malpractice and failed to timely refer it to legal malpractice counsel.

DEFENDANTS' CONTENTIONS:
Defendants denied plaintiff's allegations.

Result

Defense verdict. The jury found no breach of duty of care. Nonsuits granted on breach of fiduciary duty cause of action and based on lack of duty to advise of malpractice of bankruptcy counsel and to refer to malpractice counsel.

Other Information

FILING DATE: Nov. 15, 2012.

Deliberation

three hours

Poll

9-3 (defense)

Length

15 days


#112190

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