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MOONEY v. CASPARI

No. A108618.

41 Cal.Rptr.3d 728 (2006)

138 Cal.App.4th 704

Shawn MOONEY, Plaintiff and Respondent, v. William S. CASPARI et al., Defendants and Appellants.

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

April 13, 2006.

Attorney(s) appearing for the Case

John A. Taylor, Jr., Esq., Jon B. Eisenberg, Esq., Horvitz & Levy LLP, Encino, Ralph A. Lombardi, Esq., Lombardi Loper & Conant LLP, Oakland, for Defendants and Appellants.

Robert E. Goldman, Esq., Law Office of Robert E. Goldman, Daniel U. Smith, Esq., Law Office of Daniel U. Smith, Kentfield, for Plaintiff and Respondent.

SWAGER, J.

Following a jury trial and verdict, a judgment was entered in the amount of $1,500,000 in favor of respondent in his legal malpractice action against appellants. We conclude that respondent's action is barred by a prior judgment in a malpractice action against a party in privity with respondent, and reverse the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY1

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