Rubinstein

Marcia Rubinstein, aka Marcia Kerish, appeals from a judgment entered in favor of James T. Barnes, respondent, her former attorney, after Barnes prevailed in his motion for summary judgment on grounds that the statute of limitations, Code of Civil Procedure section 340.6, barred her causes of action. Appellant contends that: (1) the trial court erred by applying section 340.6 retroactively to her complaint of legal malpractice; (2) section 340.6 is unconstitutionally over-broad; (3) the trial court erred in determining, as a matter of law, that section 340.6 had not been tolled; and (4) the question of tolling remained a triable issue of fact. We find no error and affirm the judgment.

Facts

In November 1973, appellant retained respondent to represent her in an action filed for dissolution of her marriage to Burton Kerish. In October 1974, the trial court entered final judgment of dissolution of marriage and retained jurisdiction until 1986 on the issue of spousal support to appellant.

In September 1984, appellant first discovered that respondent may have negligently failed to properly calculate her community property share of her previous husband’s civil service…