Marshak

Marshak v. Ballesteros

Good Law
1999 Cal. App. LEXIS 605·72 Cal. App. 4th 1514·86 Cal. Rptr. 2d 1·99 Daily Journal DAR 6425·99 Cal. Daily Op. Serv. 5027
Court of Appeal of CaliforniaApril 16, 1999B122465California1,532 words

Opinion

Opinion

Armstrong, J.

Plaintiff Sidney Marshak appeals the entry of summary judgment in favor of defendant Emma H. Ballesteros in this attorney malpractice action. Finding no error, we affirm the judgment.

Facts

In the fall of 1993, defendant undertook to represent plaintiff in the dissolution of his 24-year marriage. On June 9, 1994, the court conducted a mandatory settlement conference, at which plaintiff and his ex-wife stipulated in open court to a settlement of the dissolution action. The settlement terms dealt with issues of attorney fees, restraining orders, and distribution of property. Significantly, plaintiff was relieved of any continuing support obligation.

Plaintiff almost immediately denied that he had agreed to the settlement. Three days after entry of the stipulated judgment, plaintiff, in propria persona, filed a motion to set aside the judgment. That motion was denied, and the order denying the motion was affirmed on appeal (In re Marriage of Marshak (June 17, 1996) B086479 [nonpub. opn.]).

Plaintiff then sued defendant, claiming that she negligently failed to “object” to the overvaluation of the accounts receivable from plaintiff’s medical practice, which was charged to…

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