Kirk

On July 16, 1965, the- Orange Empire National Bank filed a cross-complaint for $50,000 against several parties, including the cross-defendant Lowell O. Kirk, M.D. The bank’s cross-action was predicated on a continuing -guaranty which was allegedly signed- by. several .cross-defendants, including Kirk. Th e. bank’s - cause .of. action arose 'as a result .of-a .lawsuit filed .by certain. ..plaintiffs, and. cr.qss"'deferidant's who' sought" cancellation ;o!- the’ .aioresaid -.written guaranty...on the.ground, of .fr.aud,.Hojy.év.éf~yKirkwas.’n-pt a pártyVplaiñtiff in the. action óñ .the 'complaint.".....

Following the filing of the cross-complaint, Dr. Kirk was personally served on July 21, 1965, with a copy of the summons and complaint, and within five days he delivered the process to his attorney, James C. Monroe. Attorney Monroe assured Kirk that he would represent him and take the legal steps necessary to preserve his rights. Kirk informed Monroe that he had never signed the guaranty on which the bank based its cross-action, and that his purported signature was a forgery.

Thereafter, Kirk had numerous conversations with attorney Monroe concerning the lawsuit. On each occasion…