Truong v. Glasser, No. D054312
In plaintiffs' legal malpractice action against his former attorney arising out of his purported negligent advice in a real estate transaction, grant of attorney's motion for summary judgment is affirmed where: 1) under prior case law, the trial court correctly found plaintiffs first sustained actual injury when they obtained and obligated to pay new counsel to file a lawsuit seeking to escape the consequences of their signing the lease, and therefore sustained actual injury more than one year before the malpractice action was filed; 2) trial court did not abuse its discretion by declining to reject the summary judgment motion based on the absence of headings within the Separate Statement of Material Facts; and 3) under the circumstances, plaintiffs have demonstrated neither that the trial court abused its discretion in considering the evidence submitted by defendant nor that any alleged error was prejudicial.
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Filed January 21, 2010
Opinion by Judge McDonald
For Appellant: The Gomez Law Group, Alvin M. Gomez and Sarah Kvarme
For Appellee: Lewis Brisbois Bisgaard & Smith, Peter L. Garchie, Ruben Tarango, Jeffry A. Miller, Matthew B. Stucky and Lisa Cooney
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