Gotek Energy, Inc. v. Socal IP Law Grp., LLP

*1243 In this legal malpractice action, GoTek Energy, Inc., (client) appeals from the judgment entered in favor of SoCal IP Law Group, LLP, (firm one). The trial court granted firm one's motion for summary judgment. Client also appeals from a postjudgment order awarding firm one attorney fees of $140,000.

Firm one was client's patent counsel. Firm one failed to timely file patent applications. Client retained Parker Mills (firm two) to bring a malpractice action against firm one. The trial court ruled that firm two had not filed the action within the one-year statute of limitations. Client contends that the statute of limitations was tolled under the continuous representation exception of Code of Civil Procedure section 340.6, subdivision (a)(2). Even if the statute of limitations was not tolled, client contends that firm one is not entitled to recover attorney fees. We affirm.

Factual and Procedural Background

As client's patent counsel, firm one's duties included obtaining " 'patent rights in all applicable foreign countries.' " In June or July 2012, firm one informed client that it failed to timely file applications for patent rights in Japan and Brazil. In August 2012, firm…