ALOY v. MASH

Docket No. S.F. 24639.

38 Cal.3d 413 (1985)

696 P.2d 656

212 Cal. Rptr. 162

MARCELLA G. ALOY, Plaintiff and Appellant, v. EUGENE A. MASH, Defendant and Respondent.

Supreme Court of California.

March 28, 1985.


Attorney(s) appearing for the Case

COUNSEL

Miles, Sears & Eanni, Richard C. Watters and William J. Seiler for Plaintiff and Appellant.

James L. Stevens, Jr., as Amicus Curiae on behalf of Plaintiff and Appellant.

R. Gaylord Smith, Conrad R. Aragon, M. Patricia Marrison and Lewis, D'Amato, Brisbois & Bisgaard for Defendant and Respondent.

Ronald E. Mallen and Long & Levit as Amici Curiae on behalf of Defendant and Respondent.


OPINION

KAUS, J.

I

Marcella G. Aloy, plaintiff in a legal malpractice action, appeals from a summary judgment for defendant Eugene A. Mash, her former attorney in a 1971 dissolution action against her husband Richard. Marcella's claim of legal malpractice is based on defendant's failure to assert a community property interest in Richard's vested military retirement pension.1

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