Judge: Jon R. Takasugi, Case: 24STCV15762, Date: 2024-11-20 Tentative Ruling

Case Number: 24STCV15762    Hearing Date: November 20, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

            On 6/24/2024, in propria persona Plaintiff Sharon Rachelle Cano, individually and as trustee of the Lorraine E. Cano Trust (Plaintiff) filed suit against Bradley Kramer, Esq. (Defendant) alleging: (1) breach of contract; and (2) legal malpractice.

            Now, Defendant demurs to Plaintiff’s Complaint.

Factual Background

            Plaintiff’s Complaint arises based on legal services performed by Defendant on behalf of Plaintiff’s mother, Lorraine. Plaintiff alleges that Defendant wrongfully dismissed her mother’s action for medical malpractice with prejudice, and that “Plaintiff is now in a position to lose her ability to recover from the Doctors for their part in the death of Lorraine.” (Complaint ¶ 16.)

Discussion

            Defendant argues that Plaintiff cannot state a claim against him because Defendant was not in a contract with either Plaintiff individually or on behalf of the Lorraine E. Cano Trust, and thus Plaintiff does not have standing here.

            The Court agrees. (CCP § 367; Probate Code § 9820(a).)

            Moreover, even setting aside the issue of standing, Plaintiff alleges that on 6/12/2023, she learned that her mother’s Complaint was dismissed. CCP Section 340.6 provides:

An action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first.

            As such, assuming Plaintiff had standing, Plaintiff would have had one year from 6/12/2023 to file this action. Plaintiff did not file until 6/21/2024, more than a year after learning the facts relating to the allegedly wrongful act or omission.

            Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend.

            It is so ordered.

Dated:  November    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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