Summary Judgment Granted in Multi-Cause Action Alleging Legal Malpractice, Breach of Contract

Summary judgment was granted in an action brought against our attorney client for multiple causes of action, including legal malpractice, breach of contract, fraud, elder abuse, and breach of implied covenant of good faith and fair dealing. The sole remaining plaintiff to this action alleged that defendant as an attorney was hired by plaintiff “to provide legal and management services,” that defendant held a “position as attorney to” plaintiff, and that defendant “agreed to this contract.”  There was no written legal services agreement or retainer agreement. The purported legal services to plaintiff concerned the ownership, management, and transactions concerning three real property mobile home parks, a 2017 shareholder agreement for a corporate entity which held title to one or more of the parks and also involved the sale of plaintiff’s bankruptcy estate’s interest in the mobile home parks. The potential damages were well over the $100,000 declining policy available to the attorney.

February 2022