Stuart

Bruce D. Stuart, a defendant in a legal malpractice action, seeks a writ of mandate directing the respondent court to grant his summary judgment motion.

On August 8, 1986, plaintiff Carmen Robledo Andrade suffered an injury while on the premises of Ron Rose Arco Station (Arco). He hired Mr. Stuart to represent him in a personal injury lawsuit. On March 6, 1987, Mr. Stuart filed a Judicial Council form personal injury complaint. The summons and complaint in the municipal court action were served on Arco on May 6, 1987. After effecting service of the summons and complaint, Mr. Stuart commenced settlement negotiations with Arco’s insurance carrier, Fireman’s Fund. Mr. Stuart granted Arco an open extension of time to answer the complaint. The open extension was confirmed in a letter from Fireman’s Fund to Mr. Stuart dated September 15, 1988.

In January, 1990, Mr. Stuart was advised that Mr. Andrade desired to be represented by a different attorney. Mr. Stuart signed a substitution of attorney form on January 26, 1990. Mr. Andrade’s new attorney, Speros Maniates, signed the form on the same day. The substitution of attorney form was filed with the municipal court on February…