Facts

Ahmad Alkayali was a client of Eclipse Group LLP, a law firm in California. Alkayali was the CEO of Collagen Nutraceuticals Inc. and hired Eclipse to represent him as a cross-defendant in a trademark infringement action. The court entered a judgment against Collagen and Alkayali. Alkayali then filed for bankruptcy, and the plaintiffs in the Collagen case filed an adversary action against Alkayali in the bankruptcy court.

Alkayali filed suit against Eclipse for legal malpractice, arguing that Eclipse failed to use reasonable skill and care while representing him.

Eclipse filed a motion to dismiss, arguing that there was a lack of subject matter jurisdiction.

PLAINTIFF'S CONTENTIONS:
Alkayali claimed that Eclipse failed to do necessary discovery in order to disprove the other party's allegations. Eclipse also failed to make certain demands, including a demand compelling the defendants to appear at trial. Alkayali also asserted that Eclipse did not subpoena necessary witnesses, failed to have defendants produce, and failed to produce prior sworn testimony.

Result

The court ruled in favor of Eclipse, finding that it lacked subject matter jurisdiction.