CSAA
California State Automobile Ass'n Inter-Insurance Bureau v. Parichan, Renberg, Crossman & Harvey
Opinion
Opinion
Haerle, J.
I. Introduction
Defendant and appellant, Parichan, Renberg, Grossman & Harvey (Parichan) was sued for legal malpractice by plaintiff and appellant, California State Automobile Association Inter-Insurance Bureau (CSAA). A jury awarded CSAA $920,849.05 in damages. Parichan now argues that the trial court should have, but did not, instruct the jury to consider CSAA’s legal malpractice claim under the case-within-a-case procedure, that the trial court erroneously instructed the jury that Parichan’s knowledge of a crucial report could be imputed to CSAA, and that it erred in refusing to instruct the jury on CSAA’s contributory negligence. CSAA also contends, in a cross-appeal, that the trial court erred in not awarding it prejudgment interest. We disagree with each of these contentions and, accordingly, affirm the judgment.
II. Factual and Procedural Background
A. The Underlying Litigation: Carr v. Rosenberg
On August 11, 1988, in Fresno, California, Wolf Rosenberg, a CSAA insured, hit a car driven by Lori Carr, in which her stepson, Michael Carr, a five-year-old boy, was riding. Rosenberg was clearly at fault.