BEAL BANK, SSB v. ARTER & HADDEN, LLP

No. S141131.

66 Cal.Rptr.3d 52 (2007)

42 Cal.4th 503

167 P.3d 666

BEAL BANK, SSB, Plaintiff and Appellant, v. ARTER & HADDEN, LLP, et al., Defendants and Respondents.

Supreme Court of California.

September 27, 2007.


Attorney(s) appearing for the Case

Leland, Parachini, Steinberg, Matzger & Melnick, Harvey L. Gould, San Francisco; Carroll, Burdick & McDonough, Vicki L. Freimann, Richard Fannan, Los Angeles, and David M. Rice, San Francisco, for Plaintiff and Appellant.

Horvitz & Levy, David M. Axelrad, Frederic D. Cohen, Encino; Moscarino & Connolly, John M. Moscarino and Paula C. Greenspan, Los Angeles, for Defendants and Respondents.

Jones Day, Elwood Lui, Eugenia Castruccio Salamon, Los Angeles; Snell & Wilmer and Richard A. Derevan, Costa Mesa, for Los Angeles County Bar Association and Orange County Bar Association as Amici Curiae on behalf of Defendants and Respondents.

Heller Ehrman and Adam M. Cole, San Francisco, for Bingham McCutchen, Cooley Godward Kronish, Farella Braun & Martel, Howard Rice Nemerovski Canady Falk & Rabkin, Morrison & Foerster, Orrick Herrington & Sutcliffe, Pillsbury Winthrop Shaw Pittman and Thelen Reid & Priest as Amici Curiae on behalf of Defendants and Respondents.

Robie & Matthai, Edith R. Matthai, Kyle Kveton and Steven S. Fleischman, Los Angeles, for Association of Southern California Defense Counsel as Amicus Curiae on behalf of Defendants and Respondents.


WERDEGAR, J.

Under California law, the statute of limitations for attorney malpractice claims arising from a given matter is tolled for the duration of the attorney's representation of the client in that matter. (Code Civ. Proc, § 340.6, subd. (a)(2).) When an attorney leaves a firm and takes a client with him, does the tolling in ongoing matters continue for claims against the former firm and partners? We conclude it does not and reverse the judgment of the...

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