Can a single cause of action alleging legal malpractice be separated into component acts with separate statute of limitations?

California, United States of America


The following excerpt is from Crouse v. Brobeck, Phleger & Harrison, 67 Cal.App.4th 1509, 80 Cal.Rptr.2d 94 (Cal. App. 1998):

2 The ruling would appear to be a nullity. Nothing in the summary judgment statute allows a single cause of action alleging legal malpractice to be separated into component acts with separate statute of limitations running on each discrete act. When a cause of action for malpractice alleges a single injury, the fact that the attorney's course of conduct involved discrete negligent acts or omissions does not create separate causes of action with a separate statute of limitations for each act or omission. (Cf. Panos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638, 134 P.2d 242 [where single injury alleged, different acts of negligence contributing to injury do not create separate causes of action].) Boatwright relies on Lilienthal & Fowler v. Superior Court (1993) 12 Cal.App.4th 1848, 16 Cal.Rptr.2d 458 to support his argument. However, in Lilienthal, separate statutes of limitation ran on different claims for malpractice because the claims arose from different services provided at different times involving separate and distinct unrelated transactions. (Id. at p. 1850, 16 Cal.Rptr.2d 458.)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a plaintiff have to appreciate the legal significance of the facts in their cause of action before the statute of limitations is triggered? (California, United States of America)
What is the statute of limitations in legal malpractice actions? (California, United States of America)
Can a complaint fail to state a cause of action where the date alleged is barred by the statute of limitations? (California, United States of America)
Is a public agency subject to estoppel from the assertion of either the time limits for filing tort claims or the statute of limitations on cause of action? (California, United States of America)
Is a cause of action for damages for bad faith, breach of contract, and legal malpractice a transitory cause? (California, United States of America)
Does the statute of limitations for medical malpractice apply when the client discovers the cause of action? (California, United States of America)
When will the statute of limitations commence to run in a legal malpractice action brought by a plaintiff against an attorney who failed to comply with his client's testamentary directions? (California, United States of America)
What is the applicable statute of limitations for an action brought by a plaintiff who alleges he was defrauded out of a medical malpractice clinic? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.