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NEEL v. MAGANA, OLNEY, LEVY, CATHCART & GELFAND

Docket No. L.A. 29865.

6 Cal.3d 176 (1971)

491 P.2d 421

98 Cal. Rptr. 837

GERALD F. NEEL et al., Plaintiffs and Appellants, v. MAGANA, OLNEY, LEVY, CATHCART & GELFAND et al., Defendants and Respondents.

Supreme Court of California. In Bank.

December 2, 1971.

Attorney(s) appearing for the Case

COUNSEL

Wagner & Scuderi and Robert S. Scuderi for Plaintiffs and Appellants.

Jack Tenner and William B. Murrish for Defendants and Respondents.

OPINION

TOBRINER, J.

In this suit for legal malpractice plaintiffs appeal from a summary judgment against them grounded upon the two-year statute of limitations of Code of Civil Procedure section 339. That judgment rests upon the rule that a cause of action for malpractice by an attorney arises, and the limitation period commences, at the time of the negligent act. In this case, and in the companion case of Budd v. Nixen...

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