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Attorneys
Professional Negligence
Legal Malpractice

Gerardo Pascual v. Law Offices of Hall, Rice & Associates, Moses Hall

Published: Dec. 9, 2003 | Result Date: Jun. 27, 2003 | Filing Date: Jan. 1, 1900 |

Case number: BC271958 Bench Decision –  $184,390

Judge

Joseph R. Kalin

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph A. Davis


Defendant

Timothy C. Donahoe


Experts

Plaintiff

William D. Rehwald
(technical)

Defendant

Russell E. Nordstrom
(technical)

Facts

Gerardo Pascual, a 58-year-old physician, was involved in a business dispute with Sanjay Patel regarding a medical clinic owned by Patel. Pascual retained attorney Moses Hall and the Law Offices of Hall, Rice & Associates, to assist him in his legal battle with Patel. Pascual alleged that the law firm gave him bad advice resulting in a judgment against him for $126,000. The plaintiff sued his former attorney for the amount of the judgment rendered against him in the underlying case - which by the time of trial of the malpractice case amounted approximately to $147,000 ($126,000 plus accrued interest) but also, for loss of income from the date of the closing of the clinic to the present.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $110,000 approximately three weeks after the Answer was filed in June 2002, and 10 months before trial. At the commencement of trial, the plaintiff demanded $519,513. The defendants offered $100,000.

Specials in Evidence

$360,000

Damages

Damages in the amount of $146,711 for the underlying judgment. Damages for loss of income, fees and costs paid to Moses Hall, and prejudgment interest in the amount of $37,679.

Result

$184,390

Other Information

The award made to the plaintiff by Judge Kalin was subject to a lien in the amount of the underlying judgment plus accrued interest (approximately $147,000) in favor of Sanjay Patel.


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