Hensley

In this action for attorney malpractice plaintiff Joyce Hensley appeals from a summary judgment in favor of defendant William Caietti predicated upon the bar of the statute of limitations, Code of Civil Procedure section 340.6. The gist of her claim is that defendant William Caietti committed malpractice by inducing her to enter into a binding unfavorable marital settlement agreement. She discharged him soon thereafter, more than one year before filing this action, and obtained new counsel. Nonetheless, she contends the trial court erred in failing to toll the limitations period until Caietti received notice that he was discharged as her attorney. She also contends that the statute should have been tolled until judgment was entered in the marital dissolution action.

In the published portion of the opinion we conclude that the limitations period ran from the date Hensley acted upon her decision to discharge Caietti by engaging new counsel, not from the date Caietti received notice of his discharge. We also conclude that Hensley suffered actual injury, sufficient to start the statute running, when she entered into the binding marital settlement agreement.

We will affirm…