Sooy

In this appeal we consider whether a defendant, who has been forced to defend a lawsuit precipitated by the negligence of the plaintiff’s counsel, is entitled to recover from the negligent lawyer attorney fees and costs incurred in defending the lawsuit. We conclude that the defendant is not entitled to such compensation in this case.

Facts

The issue on appeal arises from a foreclosure sale of real property located in Napa County. San Francisco Federal Savings and Loan held the first deed of trust on the property and was represented in the foreclosure by its attorney, appellant Charles D. Sooy. Eddie and Lynn Whitehead were the beneficiaries of a junior deed of trust on the property. They were represented in the foreclosure proceedings by their attorney, respondent Bradley Peter.

The property was sold under the first deed of trust in March of 1987. San Francisco Federal was the sole bidder at its own foreclosure sale. The Whiteheads did not appear at the sale and alleged they did not learn of the sale until weeks after it occurred.

After San Francisco Federal sold the property to a third party, the Whiteheads filed suit, naming San Francisco Federal, appellant Sooy…