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Attorneys
Professional Negligence
Legal Malpractice

Frances Braun v. William S. Bernheim, The Law Offices of Bernheim Gutierrez, Levin & McCready

Published: Apr. 6, 2004 | Result Date: Jan. 8, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 020079 Bench Decision –  $293,984

Judge

Donald R. Fretz

Court

Solano Superior


Attorneys

Plaintiff

Kelly Balamuth


Defendant

William Bernheim


Experts

Plaintiff

Robert Belzer
(technical)

Facts

The plaintiff, a widow, maintained that the attorney and his law firm, the defendants, on two occasions prepared a deed which attempted to transfer money from a trust to the plaintiff as an individual. She maintained that the defendants failed to include the correct trustee on the deeds so that they were ineffective.

Settlement Discussions

The plaintiff demanded $230,000; the defense offered $25,000.

Damages

The plaintiff alleged that as a result of the defendants' work, she was obligated to acquire a 25 percent undivided interest in her farm property from the estate of her deceased mother-in-law. Ahe maintained that if the deeds would have been prepared properly she would have owned the property outright. She also maintained she incurred fees as a consequence of a quiet title action.

Result

The court found in favor of the plaintiff but found her 40% comparatively negligent which resulted in the award being reduced to $176,390.


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