This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

CONFIDENTIAL

Jan. 3, 1998

Attorneys
Legal Malpractice
Negligence

Confidential

Settlement –  $250,000

Facts

In December 1994, plaintiff suffered a jury verdict in the amount of $1,950,000 on the basis that he had failed to disclose and had concealed material facts in the sale of a medical building to the purchasers, who were the plaintiffs in the underlying action. The plaintiff in this legal malpractice action sued on the basis that he had been advised that the case was a frivolous lawsuit that had only nuisance value. At the time of trial, he was advised by the defendant attorney that if the case were lost, his maximum exposure was $300,000.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $450,000. The defendants made an offer of $150,000.

Damages

The plaintiff claimed excess verdict damages in the amount of $925,000, which was the amount he paid to settle with the buyers in the underlying case. Defendant attorneys filed a collection action for attorney fees in the amount of $60,000.

Other Information

The settlement was reached approximately two years after the case was filed. A mediation was held on Nov. 2, 1997 before Robert Shafton. It did not resolve the matter. The case settled on the second day of trial for the reported amount.


#87243

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390