Barna

Barna v. Block CA2/3

Good Law
Court of Appeal of CaliforniaJuly 18, 2014B246065California3,569 words

Opinion

Opinion

Kitching, J.

INTRODUCTION

Plaintiffs Karen Barna and Sean Thomas (Plaintiffs) appeal from a judgment of dismissal following an order sustaining the demurrer of their former attorney, Defendant Dennis Block (Block). The trial court ruled Plaintiffs’ action was barred by res judicata and the one-year statute of limitations for attorney malpractice claims. We affirm on the statute of limitations ground and do not address res judicata.

FACTS1 AND PROCEDURAL BACKGROUND

In November 2007, Plaintiffs purchased an apartment building in Van Nuys, California, comprised of four 1-bedroom rental units of approximately 530 square feet each. At the time of purchase, one of the units had five occupants—three adult tenants who were listed in the rental agreement (the Tenants), and a 16-year-old boy and infant girl, who were believed to be two of the Tenants’ minor children. In March 2008, Plaintiffs learned that a sixth person had moved into the unit—an 11-year-old boy who also was the son of one of the Tenants. Upon learning of the sixth occupant, Plaintiffs became concerned about overcrowding, and sought legal advice from Block. Block advised Plaintiffs that the unauthorized occupants violated the rental…

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