Shelly

In this legal malpractice action against two attorneys who had represented him successively, plaintiff was given a money judgment against defendant Hansen only. Plaintiff has appealed contending not only that the award was inadequate but that he was also entitled to a judgment against defendant Docken. Defendant Hansen has also appealed ; although no challenge is made to the amount of the award, he renews the claim below that the action against him is barred by the statute of limitations (Code Civ. Proc., § 339, subd. 1). The appeals have been consolidated for disposition pursuant to stipulation.

We dispose first of the point that the action is barred as to both defendants by virtue of section 339, subdivision 1, supra, which was pleaded by way of affirmative defense in each answer. Plaintiff is a painting contractor. The original complaint, captioned “Malpractice,” was filed on May 3, 1962; named therein as defendants were Docken and a Doe I. It alleges the employment of “defendants” on December 15, 1957, to prosecute an action in quantum, meruit and breach of contract against Southland Development Company and Sylmar Terrace for their failure to pay the balance due thereunder…