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Professional Malpractice
Legal Malpractice
Negligence

James and Aileen Yamashiro v. William D. Haber

Published: Apr. 12, 1997 | Result Date: Mar. 26, 1997 | Filing Date: Jan. 1, 1900 |

Case number: SC035833 –  $115,000

Judge

David D. Perez

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Scott Lee Shabel


Defendant

William D. Haber

Carol C. White


Experts

Plaintiff

Robert C. Aronoff
(technical)

Defendant

David Tilem
(technical)

Facts

Plaintiffs James and Aileen Yamashiro retained defendant William D. Haber to file a bankruptcy petition for them. Defendant Haber filed a petition on Sept. 13, 1993, too early to obtain discharge of the plaintiffs' income tax liabilities under the Bankruptcy Code. The plaintiffs' outstanding tax liabilities were approximately $115,000. The plaintiffs, husband and wife, brought this action against the defendant attorney based on a professional negligence and legal malpractice theory of recovery.

Settlement Discussions

The plaintiffs made a C.C.P. º998 settlement demand for $40,000.

Damages

The plaintiffs claimed $115,000 in damages incurred as a result of defendant Haber's failure to timely file the plaintiffs' bankruptcy petition.

Other Information

The verdict was reached approximately two years and two months after the case was filed.

Deliberation

1+ hours

Poll

12-0

Length

4 days


#95102

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