Gordon

Gordon v. LAW OFFICES OF AGUIRRE & NETER

Good Law
1999 Cal. App. LEXIS 214·70 Cal. App. 4th 972·83 Cal. Rptr. 2d 119
Court of Appeal of CaliforniaMarch 18, 1999D028559California2,989 words

Opinion

Opinion

Huffman, J.

J.In this legal malpractice action, the sole question is whether the doctrine of “equitable tolling” applies to Code of Civil Procedure section 340.6, the applicable statute of limitations. Guided by the plain language of the statute, and our high court’s opinion in Laird v. Blacker (1992) 2 Cal.4th 606 [ 7 Cal.Rptr.2d 550 , 828 P.2d 691 ], we hold section 340.6 is not subject to equitable tolling; rather, the Legislature intended the statute’s explicit tolling provisions to be exclusive. Accordingly, we affirm the judgment of dismissal entered after defendants successfully demurred to the complaint.

I

Factual and Procedural Background

■Plaintiffs, Richard L. Gordon, Elaine F. Gordon, Alan S. Click, Sharon S. Click, Marvin W. Fleishman and Ilyne C. Fleishman, are residents of Maricopa County, Arizona. They purchased interests in the Virgin Isle Hotel Limited Partnership from Prudential-Bache Securities (PBS), paying a small percentage down and signing promissory notes for the balance.

In early 1989 plaintiffs retained the Law Offices of Aguirre & Meyer, a San Diego law firm, in order to sue PBS and others for violating securities laws in conjunction with the sale of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.