And The Defense Wins
William Muñoz, a partner in Murphy, Pearson, Bradley & Feeney’s Sacramento office recently prevailed on appeal before the California Third District Court of Appeal wherein the court affirmed the trial court's order granting Mr. Muñoz’s client a nonsuit in a legal malpractice action entitled Kubat v. Henderson.
The lawsuit arose from the sale of real estate in South Lake Tahoe as part of a settlement in an elder abuse and conversion action where attorney Henderson represented the Kubats, who were the defendants in the matter. The Kubats contended that they were coerced into a settlement resulting in the sale of the family residence below market value.
The trial court granted Henderson's motion for nonsuit, after the Kubats could not establish any damages as a result of the alleged malpractice.