Panattoni

Petitioners Leonard C. Panattoni and Panattoni, Westley, Farrell & Fraulob (defendants) seek relief from the denial of their motion for summary judgment. Defendants assert that the legal malpractice action filed against them by real party in interest Cesario Palacio (plaintiff) and his wife, Nellie Palacio, is barred by the statute of limitations of Code of Civil Procedure section 340.6. We agree, and shall issue a writ of mandate directing the superior court to enter judgment in defendants’ favor.

Discussion

I

A defendant’s motion for summary judgment addresses the legal question whether there are undisputed material facts which foreclose the plaintiff’s right to relief. (Code Civ. Proc., § 437c; see Pultz v. Holgerson (1986) 184 Cal.App.3d 1110, 1114 [ 229 Cal.Rptr. 531 ].) Materiality is measured by the law applicable to the legal theories put in issue by the complaint. (Ib id) The dispositive legal question here is whether the period of defendants’ separate representation of plaintiff's which followed that from which the claim arises, may be aggregated to toll the statute of limitations of Code of Civil Procedure section 340.6. The statute compels a negative…