Raisa R. Mayes v. David A. Leipziger and Levy, Leipziger & Norminton

Mayes appeals from an order of the district court dismissing her legal malpractice complaint against her former attorney. We conclude that the court improperly denied Mayes’ right to amend. We reverse.

FACTS AND PROCEEDINGS BELOW

In 1976 Mayes, a New York resident, brought an action in federal district court in California. A California attorney represented her. Dissatisfied with the result, Mayes retained another California attorney, David Leipziger, to represent her in a motion for new trial. When the motion was denied, Leipziger agreed to pursue an appeal in the California case, but failed to file a timely notice of appeal. Mayes sued Leipziger in New York for legal malpractice, but the district court dismissed for lack of personal jurisdiction. The Court of Appeals for the Second Circuit affirmed. Mayes v. Leipziger, 674 F.2d 178 (2d Cir.1982).

Shortly thereafter, Mayes brought this action in California alleging the same cause of action. Mayes moved to have the case reassigned to another judge because Judge Real previously heard Mayes’ 1976 case. Leipziger moved to dismiss the action under Fed.R.Civ.P. 12(b)(6) on the ground that the action was barred by California’s one…