What is the applicable limitation period for an action against an attorney for a wrongful act or omission?

To resolve the issue, we first examine the pertinent statutory language. Section 340.6, subdivision (a)(1) 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. . . . Except for a claim for which the plaintiff is required to establish his or her factual innocence, in no event shall the time for commencement of legal action exceed four years except that the period shall be tolled during the time that any of the following exist: [] . . . The plaintiff has not sustained actual injury." Thus, where the plaintiff has discovered the facts constituting the attorney's wrongful act or omission but has not sustained actual injury, under section 340.6, subdivision (a)(1) the one-year limitations period is tolled. (Truong v. Glasser (2009) 181 Cal.App.4th 102, 110-111 (Truong).)

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