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DAWSON v. TOLEDANO

No. G029927.

134 Cal.Rptr.2d 689 (2003)

109 Cal.App.4th 387

Jeffrey S. DAWSON, Plaintiff and Respondent, v. James TOLEDANO, et al., Defendants and Appellants.

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

May 30, 2003.

Attorney(s) appearing for the Case

James Toledano, in pro. per., and for Defendants and Appellants.

Richard L. Spix, Huntington Beach, for Plaintiff and Respondent.

OPINION

MOORE, J.

A personal injury plaintiff, himself an attorney, was sanctioned for prosecuting a frivolous appeal. He immediately filed a malpractice action against the attorney who had represented him in the appeal, contending an attorney who prosecutes a frivolous appeal thereby commits malpractice per se. The trial court agreed, and entered summary judgment against the appellate practitioner.

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