Sisco

Sisco v. COSGROVE, MICHELIZZI, SCHWABACHER, WARD

Good Law
1996 Cal. App. LEXIS 1205·51 Cal. App. 4th 1302·59 Cal. Rptr. 2d 647·96 Daily Journal DAR 15541·96 Cal. Daily Op. Serv. 9483
Court of Appeal of CaliforniaDecember 26, 1996B090407California3,329 words

Opinion

Opinion

Grignon, J.

Plaintiff and appellant Sandra Sisco (mother) appeals from a judgment of dismissal in this legal malpractice action after the demurrer of defendants and respondents Cosgrove, Michelizzi, Schwabacher, Ward & Bianchi and Frank G. Michelizzi (attorneys) was sustained without leave to amend. Mother alleged attorneys had negligently failed to ensure that she would be the sole beneficiary of her minor son’s settlement proceeds upon his death and thereby permitted the son’s estranged father to inherit half of the proceeds. We conclude the demurrer was properly sustained on the ground mother cannot prove any damages arising from attorneys’ alleged negligence. The settlement could not have been structured so as to permit the estranged father to, in effect, be disinherited by his minor son. We therefore affirm.

Facts and Procedural Background

On December 17, 1986, mother consulted attorneys regarding the possibility of an action for damages arising out of the sexual molestation of Jaime Wayne Pugh (son), bom October 18, 1977. Mother signed a retainer agreement hiring attorneys to “prosecute any legal action which Client may have for injuries resulting from the molestation of her…

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