Johnson v. Superior Court

The petition in this case seeks reversal of summary adjudication granted by the trial court in favor of attorney defendants as to the professional negligence and breach of fiduciary duty counts contained in a broader action by certain limited partners against attorneys and their client. The lawyers, Sheppard, Mullin, Richter & Hampton and Christopher B. Neils (hereafter collectively Neils) rendered legal advice to the general partner of a limited partnership invested in land in Hawaii. After the partnership was dissolved, the former limited partners brought suit against the general partner and Neils, claiming they had been defrauded in the transaction resulting in their buyout and the dissolution of the partnership.

Neils first presented his motion for summary adjudication some two years ago, contending that he owed no duty to the limited partners and hence could not be faulted by them for claimed malpractice. (Code Civ. Proc., § 437c, subd. (f).) The trial court agreed. In our first writ review of this matter we returned the case to the trial court, ruling that a number of factual issues existed which precluded summary resolution. (Ronson v. Superior Court (April 14,…