Konold
ABA Recovery Services, Inc. v. Konold
Opinion
Opinion
Scherer, J.
Plaintiff ABA Recovery Services, Inc. (ABA) appeals a summary judgment favoring defendants J. Tim Konold, the law firm of Higgs, Fletcher & Mack, David Loadman and the law firm of Larabee & Loadman on ABA’s complaint for attorney malpractice.
Factual and Procedural Background
ABA is an automobile repossession and towing business. In 1984, ABA unsuccessfully applied to the City of San Diego (City) for a police department towing contract. ABA retained the law firm of Higgs, Fletcher & Mack and J. Tim Konold (collectively Konold) to file an administrative claim with the City on its behalf. The City denied the administrative claim on August 20, 1984, informing ABA it had six months in which to file a court action on this claim. On October 31, 1984, Konold wrote to ABA’s corporate counsel, David Loadman, recommending a complaint be filed in the superior court with regard to the City’s denial of ABA’s bid for the towing contract. However, no action was filed by Konold or Loadman against the City within the six-month period.
On March 1, 1985, ABA’s corporate powers were suspended under Revenue and Taxation Code section 23301 for nonpayment of fees and taxes.