Benard

In these consolidated legal malpractice actions, defendant Edward Stern appeals from a judgment in favor of plaintiff, and plaintiff appeals from a judgment in favor of defendant Bruce Walkup, James C. Downing, E. Robert Wallach and Gerald C. Sterns (hereinafter referred to as “Walkup”). The questions on appeal involve the application of the statute of limitations to claims of malpractice on the part of consecutive attorneys retained by plaintiff. For the reasons hereinafter stated, we conclude that the judgments must be affirmed.

Facts

On May 4, 1961, plaintiff was injured in an automobile accident in Oakland involving a vehicle owned by one Leonard Williams. On November 20, 1961, plaintiff consulted with and retained defendant attorney Stern to represent him in connection with the automobile accident. At this time plaintiff signed a contingent fee agreement by which he employed Stern to “commence and prosecute” his claim and assigned to Stern a certain percentage of all amounts which might be recovered. The agreement consisted of a sheet of mimeographed material on letterhead stationary which identifies defendant Stern as an attorney. It contains certain blank spaces for entry…