Justia Professional Malpractice & Ethics Opinion Summaries

Allison J. Littlefield filed a verified petition against Scott Littlefield, David Littlefield, and Denise Sobel, who are co-trustees of The Pony Tracks Ranch Trust and its sub-trusts. The petition alleged misuse of Trust funds, concealment of information, conversion of Allison’s personal property, wrongful removal of Allison from the board, and imposition of restrictions on her and her husband’s use of the Ranch. Allison sought removal of the co-trustees, breach of fiduciary duty, breach of the Trust, and declaratory and injunctive relief, including an order enjoining the co-trustees from harassing, disparaging, or defaming her.The San Mateo County Superior Court denied the co-trustees' special motion to strike under California’s anti-SLAPP statute, concluding that the co-trustees failed to show that Allison’s petition arose from protected activity. The court also denied Allison’s request for attorney’s fees, finding that the anti-SLAPP motion was not frivolous or solely intended to cause unnecessary delay.The California Court of Appeal, First Appellate District, reviewed the case. The court affirmed the trial court’s denial of the anti-SLAPP motion, agreeing that the co-trustees did not meet their burden of showing that the petition arose from protected activity. The court found that the co-trustees’ motion was overreaching and did not identify specific allegations of protected activity. The court reversed the trial court’s denial of Allison’s request for attorney’s fees, determining that the anti-SLAPP motion was frivolous because no reasonable attorney would conclude that the motion had merit. The case was remanded for a determination of the appropriate award of attorney’s fees for Allison. View "Littlefield v. Littlefield" on Justia Law

In September 2017, Attorney Karolyn Kovtun held a meeting with Jennifer Shenefield and her client Mark Shenefield, despite a criminal protective order prohibiting Mark from contacting Jennifer. During the meeting, Mark and Kovtun verbally and emotionally abused Jennifer, and Kovtun threatened to remove their daughter from Jennifer’s custody if she did not sign a custody agreement. Jennifer signed the agreement under duress and contacted the police. Kovtun continued to represent Mark, who was later convicted of violating the protective order. Kovtun then sued Jennifer for recording the meeting without consent, prompting Jennifer to file a cross-complaint against Kovtun.The Superior Court of San Diego County denied Kovtun’s two anti-SLAPP motions and sustained her demurrer to two of Jennifer’s six causes of action. After a bench trial, the court found Kovtun liable for negligence, intentional infliction of emotional distress, intentional misrepresentation, and negligent misrepresentation, awarding Jennifer $50,000 in damages. Kovtun appealed, arguing that Jennifer’s claims were barred by the statute of limitations and the litigation privilege.The Court of Appeal, Fourth Appellate District, Division One, California, reviewed the case. The court concluded that Kovtun waived the statute of limitations defense by failing to timely and properly plead it. Additionally, the court determined that the litigation privilege did not apply to Kovtun’s communications during the meeting, as they were not made in good faith contemplation of litigation. The court affirmed the judgment against Kovtun, upholding the $50,000 damages award to Jennifer. View "Shenefield v. Kovtun" on Justia Law

Allison Littlefield filed a verified petition against her brothers, Scott and David Littlefield, and her aunt, Denise Sobel, who are co-trustees of The Pony Tracks Ranch Trust. The petition sought their removal as co-trustees, alleging breaches of fiduciary duty and the Trust, and requested declaratory and injunctive relief. Allison claimed that the appellants misused Trust funds, concealed information, converted her personal property, restricted her use of the Ranch, and failed to address misconduct by an employee, Stacey Limbada, who allegedly harassed Allison and her husband.The San Mateo County Superior Court denied the appellants' special motion to strike the petition under California's anti-SLAPP statute, concluding that the appellants failed to show that Allison's petition arose from protected activity. The court also denied Allison's request for attorney's fees, finding that the motion was not frivolous or solely intended to cause unnecessary delay.The California Court of Appeal, First Appellate District, Division Four, reviewed the case. The court affirmed the trial court's denial of the anti-SLAPP motion, agreeing that the appellants did not meet their burden of showing that the petition was based on protected activity. The court noted that the appellants' motion failed to identify specific allegations of protected activity and improperly sought to strike the entire petition or all causes of action without distinguishing between protected and unprotected conduct.However, the appellate court reversed the trial court's denial of Allison's request for attorney's fees, finding that the anti-SLAPP motion was frivolous. The court held that any reasonable attorney would agree that the motion was totally devoid of merit, as it did not demonstrate that the petition sought to impose liability based on protected activity. The case was remanded for a determination of the appropriate award of attorney's fees for Allison. View "Littlefield v. Littlefield" on Justia Law

LCPFV, LLC owned a warehouse with a faulty sewer pipe. After experiencing toilet backups, LCPFV hired Rapid Plumbing to fix the issue for $47,883.40. Rapid's work was unsatisfactory, leading LCPFV to hire another plumber for $44,077 to correct the problem. LCPFV sued Rapid Plumbing, which initially appeared in court but later defaulted. LCPFV sought a default judgment of $1,081,263.80, including attorney fees and punitive damages. The trial court awarded a default judgment of $120,319.22, significantly less than LCPFV's demand, and also awarded $11,852.90 in sanctions.The Superior Court of Los Angeles County, presided over by Judge Mark V. Mooney, reviewed the case. The court scrutinized LCPFV's default judgment package and found the requested amount excessive. The court emphasized its role as a gatekeeper in default judgment cases, ensuring that only appropriate claims are granted. The court rejected LCPFV's use of requests for admissions obtained after Rapid Plumbing had ceased participating in the case, citing a lack of candor and evidentiary value.The California Court of Appeal, Second Appellate District, Division Eight, reviewed the case. The court affirmed the lower court's judgment, agreeing that the trial court acted within its discretion in rejecting the inflated default judgment request. The appellate court upheld the trial court's decision to award $120,319.22, including $91,960.40 for breach of contract and $4,948.46 in attorney fees, rejecting the fraud and punitive damages claims. The court also affirmed the sanctions award and the decision to grant prejudgment interest from the date of the lawsuit filing, not from the date of payment to Rapid Plumbing. The appellate court found no abuse of discretion in the trial court's rulings and emphasized the importance of judicial vigilance in default judgment cases. View "LCPFV v. Somatdary" on Justia Law

Enrique Sanchez, the petitioner, sought a writ of mandate to vacate a trial court order that directed the San Bernardino County Public Defender to assign a new attorney to represent him. This order was issued after the current deputy public defender made remarks during plea negotiations that invoked Sanchez's race, potentially violating the Racial Justice Act (RJA). Sanchez argued that the trial court abused its discretion in ordering the reassignment.The trial court received a motion from the prosecutor to disclose exculpatory evidence and evaluate a conflict of interest after the deputy public defender made racially charged comments. During a closed hearing, Sanchez expressed his desire to retain his current counsel. However, the trial court ordered the reassignment of the deputy public defender, citing potential issues under the RJA and the risk of ineffective assistance of counsel.The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the case. The court held that the trial court did not abuse its discretion in removing the deputy public defender. The appellate court noted that the RJA's provisions and the potential for implicit bias created an actual conflict of interest that the deputy public defender could not objectively investigate. Additionally, the court found that the trial court's decision to prevent a potential future RJA claim was within its discretion to avoid substantial impairment of the proceedings.The appellate court concluded that Sanchez's arguments regarding constitutional violations and the necessity of an actual conflict were without merit. The court emphasized that the trial court's order was narrowly tailored and did not violate Sanchez's rights. Consequently, the petition for writ of mandate was denied, and the stay on trial court proceedings was vacated. View "Sanchez v. Superior Court" on Justia Law

In 2010, the defendant was prosecuted for multiple counts of attempted murder, assault with a semiautomatic firearm, and other charges. He pleaded no contest to one count of attempted murder and admitted to several enhancements, resulting in a 30-year prison sentence. In 2022, he filed a petition to vacate his conviction under Penal Code section 1172.6, which the trial court found made a prima facie case for an evidentiary hearing. The defendant then sought discovery of peace officer personnel records, which the trial court partially granted after an in-camera review.The Monterey County Superior Court held an evidentiary hearing and denied the petition. The defendant appealed, requesting the appellate court to review the trial court's application of Pitchess standards to the discovery motion. The appellate court requested supplemental briefing on whether the trial court's review should also encompass Brady principles, which require the disclosure of exculpatory evidence.The California Court of Appeal, Sixth Appellate District, determined that a petitioner may obtain disclosure of peace officer personnel information under Brady principles through Pitchess procedures in advance of a section 1172.6 evidentiary hearing. The court found that the trial court did not clearly consider Brady principles when ruling on the discovery motion. Consequently, the appellate court conditionally reversed the trial court's order denying the petition and remanded the case for further proceedings to ensure compliance with Brady requirements. If the trial court finds additional discoverable information, it must allow the defendant to demonstrate prejudice and potentially order a new evidentiary hearing. View "People v. Nuno" on Justia Law

Jeffrey G. Grossman and his family sued attorney John Peter Wakeman, Jr. and Wakeman Law Group, Inc. for legal malpractice. The plaintiffs claimed that Wakeman negligently prepared estate planning documents for Dr. A. Richard Grossman, which disinherited them in favor of Richard's fourth wife, Elizabeth Grossman. Richard's estate was valued at $18 million, and the plaintiffs argued they were the intended beneficiaries. The jury found in favor of the plaintiffs, awarding $9.5 million in damages.The Ventura County Superior Court denied Wakeman's motion for judgment notwithstanding the verdict. Wakeman appealed, arguing that he owed no duty of care to the plaintiffs, as they were not his clients. He contended that his duty was solely to Richard, who had instructed him to leave everything to Elizabeth.The California Court of Appeal, Second Appellate District, Division Six, reviewed the case. The court concluded that the evidence was insufficient to show that Wakeman owed a duty of care to the plaintiffs. The court emphasized that there was no clear, certain, and undisputed evidence of Richard's intent to benefit the plaintiffs. Testimonies from Elizabeth and others supported Wakeman's claim that Richard intended to leave his estate to Elizabeth. The court held that imposing a duty on Wakeman to the plaintiffs would place an intolerable burden on the legal profession.The Court of Appeal reversed the judgments and remanded the case to the trial court with directions to enter judgment in favor of Wakeman and his law group. The appeal from the order denying the motion for judgment notwithstanding the verdict was dismissed as moot. View "Grossman v. Wakeman" on Justia Law

Plaintiff Kimberly Syre appealed an order denying her motion to disqualify California Indian Legal Services (CILS) from representing defendant Mark Douglas. Syre had initially contacted CILS seeking representation for a quiet title lawsuit against Douglas but was declined due to her non-residency in Inyo County. She later filed the lawsuit with other counsel. Douglas, who is homeless and the son of the late property owner Charlotte Willett, successfully obtained representation from CILS. Syre argued that CILS had a conflict of interest due to her prior contact with them.The Superior Court of Inyo County denied Syre's motion to disqualify CILS, finding no conflict of interest. The court noted that Syre had only spoken to a non-attorney intake advocate at CILS and that no confidential information was shared with any attorney at CILS. The intake advocate had merely gathered preliminary information to determine Syre's eligibility for CILS's services, which she did not meet. The court also found that CILS had adequate screening measures in place to protect any confidential information.The California Court of Appeal, Fourth Appellate District, Division Two, affirmed the lower court's decision. The appellate court held that Syre was a prospective client but did not communicate any confidential information to an attorney at CILS. The court emphasized that the information shared was preliminary and necessary to determine eligibility for CILS's services. Additionally, the court noted that public interest law offices like CILS are treated differently from private law firms regarding disqualification rules. The court concluded that there was no substantial relationship between Syre and any attorney at CILS and that the trial court did not abuse its discretion in denying the motion to disqualify. View "Syre v. Douglas" on Justia Law

Kathleen Saurman, who had mobility impairments, fell on a small stairway at a restaurant while celebrating her 60th birthday. She subsequently died from an infection following surgery for a broken hip. Her husband, Robert, filed a wrongful death lawsuit against the restaurant's former owner and later sued the current owner, Peter’s Landing Property Owner LLC, alleging violations of the Americans with Disabilities Act (ADA), the Unruh Civil Rights Act, and the Disabled Persons Act (DPA).The Superior Court of Orange County granted summary judgment in favor of the current owner, finding that Robert lacked standing to bring an ADA claim for injunctive relief and had not provided evidence of any act or omission by the current owner. The court also imposed nearly $100,000 in sanctions against Robert’s attorney for pursuing what it deemed a frivolous lawsuit.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case. The court held that under California law, a successor in interest has standing to bring an ADA claim for injunctive relief in state court, even if federal standing requirements are not met. The court also found that there was a triable issue of fact regarding the current owner’s compliance with the Unruh Act and the DPA, as the property remained in the same condition as when Kathleen fell. Consequently, the court reversed the summary judgment on the ADA, Unruh Act, and DPA claims but affirmed the summary judgment on the claims for injunctive and declaratory relief. The court also reversed the sanctions against Robert’s attorney and denied the current owner’s motion for sanctions for a frivolous appeal. View "Saurman v. Peter's Landing Property Owner, LLC" on Justia Law

In this case, a law firm (HFM) appealed a trial court's judgment denying its third-party claim to $585,000 held in its client trust account. The funds were received from HFM's client, Mann, under a flat fee agreement for future legal services. Mann's judgment creditor, Dickson, served HFM with a notice of levy, asserting that the funds belonged to Mann. HFM contended that the funds belonged to it under the flat fee agreement.The Superior Court of San Diego County denied HFM's third-party claim, concluding that the funds belonged to Mann because HFM had not yet earned the fee by providing legal services. The court also denied HFM's motion for reconsideration, which sought to retain $53,457.95 of the funds based on a prior agreement with Mann. The court found that HFM failed to present this evidence initially and did not act with reasonable diligence.The Court of Appeal, Fourth Appellate District, Division One, State of California, affirmed the trial court's judgment. The appellate court held that under the Rules of Professional Conduct, a flat fee is not earned until legal services are provided, and HFM presented no evidence that it had performed any services under the agreement. The court also found that the location of the funds in the client trust account was not dispositive of ownership. Additionally, the appellate court upheld the trial court's denial of the motion for reconsideration, noting that HFM failed to provide a satisfactory explanation for not presenting the evidence earlier.The main holding is that a flat fee paid in advance for legal services is not earned until the services are provided, and funds in a client trust account are presumed to belong to the client unless the law firm can prove otherwise. The judgment denying HFM's third-party claim was affirmed. View "Dickson v. Mann" on Justia Law