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WHITE MOUNTAINS REINSURANCE CO. OF AMERICA v. BORTON PETRINI, LLP

No. C071365.

221 Cal.App.4th 890 (2013)

164 Cal. Rptr. 3d 912

WHITE MOUNTAINS REINSURANCE COMPANY OF AMERICA, Plaintiff and Appellant, v. BORTON PETRINI, LLP, Defendant and Respondent.

Court of Appeals of California, Third District.

November 26, 2013.

Attorney(s) appearing for the Case

Selvin Wraith Halman , Gary R. Selvin and Nancy J. Strout for Plaintiff and Appellant.

Roeca Haas Hager , Russell S. Roeca , Shannon L. Ernster and Kyle Montes De Oca for Defendant and Respondent.

OPINION

ROBIE, J. —

There is a general rule in California barring the assignment of a cause of action for legal malpractice. In this case, we recognize a narrow exception to that rule. Specifically, a cause of action for legal malpractice is transferable when (as here) (1) the assignment of the legal malpractice claim is only a small, incidental part of a larger commercial transfer between insurance companies; (2) the larger transfer...

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