Moss

Introduction

In this action by plaintiff and appellant Colleen Janelle Moss for legal malpractice, the trial court granted summary judgment in favor of defendant and respondent Stockdale, Peckham & Werner, on the ground the action is barred by the statute of limitations, Code of Civil Procedure section 340.6. The matter has been retransferred to us by the California Supreme Court for reconsideration in light of Adams v. Paul (1995) 11 Cal.4th 583 [ 46 Cal.Rptr.2d 594 , 904 P.2d 1205 ] (hereafter Adams). We reverse the summary judgment, because under Adams there are triable issues of fact as to when plaintiff suffered actual injury.

Factual and Procedural Background

Attorney Michael Wayland represented plaintiff in an insurance bad faith action styled Moss v. Interinsurance Exchange, filed in Los Angeles Superior Court on December 29, 1983. Wayland failed to prosecute the case, and in early 1989 it was dismissed for failure to bring it to trial within five years as required by section 583.310. The record shows the following activity prior to the dismissal.

In the fall of 1987, Wayland became associated with the firm of defendant Stockdale, Peckham & Werner and brought…