Fritz
Fritz v. Ehrmann
Opinion
Opinion
Curry, J.
Attorney and respondent Sanford M. Ehrmann was sued by his former client, appellant Norman Fritz, for malpractice in connection with a promissory note prepared by Ehrmann in 1995. The malpractice action was filed in 2003, approximately seven months after Ehrmann was replaced as counsel in litigation that ensued over an ambiguity in the note. The court granted Ehrmann’s motion for summary judgment on statute of limitations grounds, ruling that the statute accrued and ran on the malpractice action many years before Ehrmann began to represent Fritz in the prior litigation. We conclude that the facts do not indisputably show that the statute accrued until shortly before the prior litigation commenced. We further hold that the statute was tolled while Ehrmann represented Fritz in that litigation under the continuous representation tolling provision of the attorney malpractice statute of limitations. Accordingly, it was error to rule that the statute of limitations barred the action as a matter of undisputed fact. We reverse and remand for further proceedings.