UNIGARD INS. GROUP v. O'FLAHERTY & BELGUM

Docket No. B074284.

38 Cal.App.4th 1229 (1995)

45 Cal. Rptr.2d 565

UNIGARD INSURANCE GROUP, Plaintiff and Appellant, v. O'FLAHERTY & BELGUM et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Three.

September 29, 1995.


Attorney(s) appearing for the Case

COUNSEL

Engstrom, Lipscomb & Lack, Walter J. Lack, Gary A. Praglin and Wayne S. Kreger for Plaintiff and Appellant.

Bennett & Kistner, Charles J. Bennett, Greines, Martin, Stein & Richland, Irving H. Greines, Robert A. Olson and Cynthia N. Sarno for Defendants and Respondents.


OPINION

CROSKEY, J.

This appeal is from a judgment in favor of defendants following the grant of their motion for nonsuit in a legal malpractice action. We conclude that in granting a nonsuit, the trial court erroneously ruled as a matter of law on an issue which, under the circumstances of this case, is one of fact: whether defendants breached the professional standard of care by adequately and timely alleging the affirmative defenses...

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