Maddox

INTRODUCTION

Gary Maddox appeals a judgment dismissing his legal malpractice action against

Jeffrey A. Lake, APC (Lake) after the court sustained, without leave to amend, Lake's

general demurrer to Maddox's first amended complaint (amended complaint or complaint). Maddox alleged that Lake committed malpractice by advising him that

leasing his building for use as a medical marijuana dispensary would not expose him to

risk of criminal prosecution. In April 2011 federal agents arrested Maddox, against

whom federal criminal charges were brought. In his demurrer, Lake argued that

Maddox's action was barred by the statute of limitations set forth in Code of Civil

Procedure1 section 340.6. In sustaining Lake's demurrer, the court rejected Maddox's

tolling arguments and found his action was time-barred.

On appeal Maddox claims his action was not time-barred and, thus, the trial court

erred in sustaining Lake's demurrer. In support of this claim, Maddox raises three

contentions. First, he contends his facing federal criminal charges was a "legal

disability" within the meaning of the tolling provision set forth in section 340.

subdivision (a)(4)…