Syers Properties v. Rankin CA1/2

INTRODUCTION

Plaintiff Syers Properties III, Inc. appeals from a judgment in favor of defendants Ann Rankin and Terry Wilkens following the superior court’s grant of defendants’ motion for nonsuit in plaintiff’s action against defendants for attorney malpractice and breach of fiduciary duty. Defendants represented plaintiff in litigation brought by plaintiff against numerous defendants for construction defects in a new shopping center purchased by plaintiff. That litigation settled, and plaintiff sued defendants, alleging that defendants had not timely pursued breach of warranty claims against shopping center tenants Ralphs and Longs, each of which had constructed its own building in the center, pursuant to ground leases with the previous owner of the shopping center assigned to plaintiff.

1 Plaintiff contends the court erred in granting defendants’ motion for nonsuit, based upon the court’s exclusion of evidence that defendants had not timely pursued breach of warranty claims against Ralphs and Longs. The court ruled that plaintiff had no claim against either Ralphs or Longs under their long-term ground leases, until such time as the leases expired or were otherwise terminated.…