(Download) "Budd V. Nixen" by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Budd V. Nixen
- Author : Supreme Court Of California
- Release Date : January 02, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This case is a companion to Neel v. Magana, Olney, Levy, Cathcart & Gelfand, ante, page 176 [98 Cal. Rptr. 837, 491 P.2d 421], also decided today. In Neel we conclude that the statute of limitations for legal malpractice, as for all professional malpractice, commences to run when the client discovers, or should reasonably discover, his cause of action. Plaintiff here discovered the malpractice on September 14, 1964, but did not bring suit until September 11, 1967, almost three years later. The case must turn, therefore, upon the issue of when the cause of action accrued. If plaintiff suffered damage and thus acquired an accrued cause of action prior to September 11, 1965, the applicable two-year statute of limitations would have run before he filed his action. Since this issue arises only because of today's ruling in Neel, the trial court naturally did not probe that problem but, instead, held that the cause of action matured at