What is the test for excusability in the context of professional malpractice?
California, United States of America
The following excerpt is from GXP Consultants All., Inc. v. Lacy Constr., G057560 (Cal. App. 2020):
It is well settled that attorney conduct falling below the professional standard of care is not excusable. (Zamora v. Clayborn Contracting Group, Inc. (2002) 28 Cal.4th 249, 258 (Zamora).) "'To hold otherwise would be to eliminate the express statutory requirement of excusability and effectively eviscerate the concept of attorney malpractice.' [Citation.]" (Ibid.)
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