Case Studies

Nonsuit in Legal Malpractice Action Affirmed on Appeal

William Muñoz, prevailed on appeal before the California Third District Court of Appeal wherein the Court affirmed the trial court's order granting Mr. Munoz'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 the underlying elder abuse and conversion action where attorney Henderson represented the Kubats, who were the defendants in the underlying matter. The Kubats contended that they were coerced into the underlying 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.

View unpublished opinion from the Third District Court of Appeal


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