ORRICK HERRINGTON & SUTCLIFFE LLP v. SUPERIOR COURT

No. A101737.

132 Cal.Rptr.2d 658 (2003)

107 Cal.App.4th 1052

ORRICK HERRINGTON & SUTCLIFFE LLP, et al., Petitioners, v. The SUPERIOR COURT for the City and County of San Francisco, Respondent; Michael A. Malcolm, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

Review Denied July 30, 2003.


Attorney(s) appearing for the Case

Keker & Van Nest, Robert A. Van Nest, Christa M. Anderson and Steven A. Hirsch, San Francisco, for Petitioners.

No appearance for Respondent.

Holme Roberts & Owen, James Wesley Kinnear and Adria Y. LaRose, San Francisco, for Real Party in Interest.


KAY, P.J.

The law in California is well established that when legal malpractice involves negligence in the prosecution or defense of a legal claim, the case-within-a-case methodology must be used. More specifically, for purposes of this case, which involved settlement of litigation, the plaintiff must prove his opponent in the underlying litigation would have settled for less, or that following a trial, plaintiff would have obtained a judgment more favorable than...

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