Turley

Appellant Carol Ann Turley (Turley) appeals from a summary judgment entered in her action against respondents Joseph Wooldridge et al. (Wooldridge) for legal malpractice. The novel issue presented is whether the potential to set aside a judgment under Code of Civil Procedure section 473 or the court’s general equitable powers (see In re Marriage of Baltins (1989) 212 Cal.App.3d 66, 80-81 [ 260 Cal.Rptr. 403 ]) delays the accrual of “actual injury” as that phrase is used in section 340.6, subdivision (a)(1). We conclude it does not and affirm the judgment.

Statement of Facts

On June 26, 1987, Turley filed a complaint for legal malpractice against Wooldridge and his law firm. Turley alleged that on or about June 1, 1982, she retained Wooldridge to advise her regarding a marriage termination agreement (Agreement); in negotiating and reviewing the Agreement, Wooldridge failed to exercise reasonable care to insure she received an equal community property division and appropriate spousal support; as a result, she received substantially less than half of the community property and failed to receive the spousal support to which she was entitled after 20 years of…