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O'CONNOR AGENCY, INC. v. BRODKIN

No. G026504.

120 Cal.Rptr.2d 336 (2002)

99 Cal.App.4th 488

O'CONNOR AGENCY, INC., Plaintiff and Appellant, v. Alan L. BRODKIN et al., Defendants and Respondents.

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

Review Granted August 14, 2002.

Attorney(s) appearing for the Case

Esner & Chang and Stuart B. Esner, Los Angeles, for Plaintiff and Appellant.

Sims & Sprowl, Wayne R. Sims, Costa Mesa, and Selim Mounedji for Defendants and Respondents.

OPINION

MOORE, J.

O'Connor Agency, Inc. (O'Connor) sued attorney Alan Brodkin for negligently failing to recover punitive damages in a lawsuit he brought on O'Connor's behalf. The trial court found O'Connor's action was time barred and granted summary judgment in Brodkin's favor. We conclude the statute of limitations issue was wrongly decided and that recovery of lost punitive damages is available in a legal malpractice action, and therefore reverse.

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