News Details

Los Angeles Partners Candace E. Kallberg and Rinat B. Klier Erlich Obtain Favorable Ruling on MSJ From California Court of Appeal

In a recent case involving claims of legal malpractice, the trial court granted summary judgment in favor of three defendant attorneys. The allegations of legal malpractice were made in March of 2013 against three attorneys, based on the theory that the plaintiff's attorneys breached the standard of care by advancing that the plaintiff's degenerative disk condition was caused by alow impact rear-end automobile collision in 2008, rather than exacerbated by the accident. The Court of Appeal of the State of California, Second Appellate District, Division Eight found no evidence that these attorneys, represented by Los Angeles partners Rinat Klier Erlich and Candace Kallberg, caused the plaintiff to lose her underlying litigation. Medical testimony failed to support either theory of a primary or secondary relationship between the plaintiff's condition and the 2008 incident.

Appellant also argued that the trial court should have granted her request for an additional continuance of the hearing on summary judgment.

The Court of Appeal concluded that the trial court did not err in denying her requested additional continuance, because she failed to show that such continuance would have assisted her in obtaining facts essential to her opposition.

Ms. Erlich is a member of the firm's Professional Liability Team. Ms. Kallberg is a member of the firm's Strategy, Writs, and Appeals Team.

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