FKB’s Andrew R. Jones and Christopher D. Skoczen succeeded in dismissing an action alleging breach of fiduciary duty, legal malpractice and constructive trust, which sought to leverage a lawsuit against FKB’s client to contest an eviction proceeding. The Supreme Court, Orange County held that Plaintiff had failed to state a valid claim for any cause of action, requiring dismissal of the Complaint.
Plaintiff alleged that FKB’s client assumed a duty as her attorney when he purchased her property in an arm’s length transaction and agreed to lease the property to Plaintiff on favorable terms. Plaintiff alleged that FKB’s client breached his duty to Plaintiff by seeking Plaintiff’s eviction for failure to pay rent on the lease for a period of years. The Court agreed with FKB that Plaintiff’s action failed to show any attorney-client relationship and that the documentary evidence rebutted Plaintiff’s claims of a constructive trust. The Court also held that Plaintiff had not shown a continuous relationship necessary to toll the statute of limitations for Plaintiff’s claims.
If you have any questions about this decision, or the defense of attorneys in general, please contact Andrew R. Jones or Christopher D. Skoczen.
Disclaimer | Client Rights | Attorney Advertising. Prior results do not guarantee a similar outcome.