Fernandez

FACTS

General Background At all relevant times, Fernandez and Moisan separately owned real properties in Agua Dulce. Fernandez and Moisan were also principals in Rancho Agua Dulce, LLC (hereafter Rancho), a Nevada limited liability company which purchased a multi-acre parcel of real property in the Agua Dulce area commonly known as “Oasis Park.” Between 2005 and mid-2007, Cobert acted as attorney of record for Rancho in a land dispute lawsuit involving the Oasis Park property. In that underlying lawsuit, a group of landowners in Agua Dulce alleged that they had easement rights over Oasis Park to reach a nearby public roadway. Rancho (acting through Fernandez and Moisan) took the position that the landowners had to purchase the easement rights. In 2008, judgment was entered against Rancho in the land dispute lawsuit. According to interrogatory answers in the current legal malpractice action, verified by Fernandez, Cobert billed Rancho more than $350,000 in legal fees in the land dispute case. Further, in the current legal malpractice action, Fernandez and Moisan claim that Cobert has held them personally liable for Rancho’s fees incurred in the land dispute lawsuit.

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