Tchorbadjian
Tchorbadjian v. Western Home Insurance
Opinion
Opinion
Aldrich, J.
Introduction
Plaintiffs and appellants Ohannes Tchorbadjian and Magy Tchorbadjian (plaintiffs or the Tchorbadjians) appeal from the judgment entered following the grant of the motion for summary judgment of defendants and respondents Kane & Whelan and Allan Whelan (Whelan). Plaintiffs sued Whelan for legal malpractice. Whelan’s motion for summary judgment was granted on the ground that the action was barred by the statute of limitations.
The Tchorbadjians contend summary judgment was not proper because there exist triable issues concerning when the legal malpractice action accrued.
We find as a matter of law that the Tchorbadjians did not sustain actual injury from the alleged malpractice for purposes of the statute of limitations, Code of Civil Procedure section 340.6, until they entered into an adverse settlement in the underlying action and therefore their action was timely.
Judgment reversed.
Factual and Procedural Background
On September 17, 1992, plaintiffs filed a complaint against Whelan and against their home liability insurers, Western Home Insurance Company, Farmers Home Mutual Insurance Company and Farmers Home Group (collectively, Farmers).