Stoll

In this case, we hold that the statute of limitations within which a client must commence an action against an attorney on a claim for legal malpractice or breach of a fiduciary duty is identical. Unless tolled, a claim based on either theory falls within the statutory term “wrongful act or omission” and must be commenced within one year after the client discovers, or with reasonable diligence should have discovered, the facts constituting the act or omission, or four years from the date of the act or omission, whichever occurs first.

Petitioner, an attorney, is defendant in an action for breach of fiduciary duty brought by real party in interest, a former client. Petitioner demurred to the complaint on the ground that the pleading actually sounded in legal malpractice, and was therefore time barred under the one-year malpractice statute of limitations. (Code Civ. Proc., § 340.6.) In the alternative, petitioner argued that the complaint sounded in constructive fraud and was still time barred under the three-year limitations period for that tort. (§ 338, subd. (b).) The trial court overruled the demurrer, concluding that the complaint for breach of fiduciary duty was…