Quintilliani

In this case, we hold that an attorney who prepares and signs a contract obligating him to perform both legal and nonlegal services may not rely on the legal malpractice statute of limitations of Code of Civil Procedure section 340.6 as a defense to a cause of action alleging negligent performance of the nonlegal services. However, we find that the statute is a defense against causes of action for breach of contract, breach of fiduciary duty and negligent misrepresentation.

Undisputed Facts

On June 12, 1989, Michael Scafuto and his corporation, Stache Entertainment, Inc., obtained a special event license from the County of San Bernardino. Under the terms of the license, Mr. Scafuto was allowed to use Glen Helen Regional Park for a three-day concert, entitled “Main Event,” to be held on Labor Day weekend, 1990.

On July 14, 1989, Stache Entertainment, Inc., entered into a partnership agreement with plaintiff Edmund Quintilliani for the purpose of promoting the concert. Under the terms of the agreement, Mr. Quintilliani was to finance the event and Stache Entertainment, acting through Mr. Scafuto, was to use Mr. Scafuto’s skills to promote the concert.

On the same date,…