Gold
Gold v. Weissman
Opinion
Opinion
Rubin, J.
Nor alee Gold appeals from the summary judgment dismissing her malpractice complaint against her former lawyer, I. Donald Weissman and his firm, Weissman & Associates, Inc. We reverse and remand.
FACTS AND PROCEDURAL BACKGROUND
Appellant Noralee Gold hired attorney I. Donald Weissman and his firm, Weissman & Associates, Inc., to sue her doctor for medical malpractice. Weissman concedes he did not file appellant’s complaint against the doctor on time, thus blowing the statute of limitations. On October 23, 1998, Weissman told appellant about the missed deadline. Blaming his attorney service for not having timely filed the complaint, he asked appellant not to sue him and offered her $10,000 in compensation. He also said he would seek compensation for her from the attorney service. Appellant rejected Weissman’s offer and demanded $25,000 instead.
In January 1999, appellant’s daughter, who was an Illinois attorney but not licensed to practice in California, contacted Weissman to try to resolve her mother’s dispute with him. Weissman asked for more time to pursue the attorney service and in the meantime suggested that appellant file a complaint against her doctor with the…