Mooney

Following a jury trial and verdict, a judgment was entered in the amount of $1.5 million in favor of respondent in his legal malpractice action against appellants. We conclude that respondent’s action is barred by a prior judgment in a malpractice action against a party in privity with respondent, and reverse the judgment.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

The current action—one of several that has resulted from an ill-fated joint venture agreement to develop 12.32 acres of commercial property—had its genesis 25 years ago, when respondent’s father, Mike Mooney, a licensed commercial real estate broker doing business as Mike Mooney Associates, entered into a listing agreement with Specialty Restaurants Corporation (Specialty), which owned the property located near the western entrance to the San Mateo/Hayward Bridge on State Route 92 in Foster City (the property). Pursuant to the listing agreement, Mike Mooney was given the exclusive right to sell or lease the property for a stated commission of 7 percent. He died before the property was sold or leased. His son, respondent, also a licensed real estate broker, acquired the listing rights to the “Specialty…