Letgolts
Letgolts v. David H. Pierce & Assoc.
Opinion
Opinion
Wiley, J.
Filed 11/2/
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
ALLEN LETGOLTS et al., B306905
Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC537637) v.
DAVID H. PIERCE &
ASSOCIATES, PC, et al.,
Defendants and Respondents.
APPEAL from a judgment of the Superior Court of Los Angeles County, Daniel S. Murphy, Judge. Affirmed.
Timothy D. McGonigle Professional Corporation and Timothy D. McGonigle for Plaintiffs and Appellants.
Freeman Mathis & Gary, Frances M. O’Meara, Stephen M. Caine and Holly M. Teel for Defendants and Respondents.
____________________ A case within a case can arise when a legal malpractice suit accuses lawyers of poor work. The main case is the malpractice suit: were the defendant lawyers’ performances deficient? The case within the case is whether the lawyers’ performances mattered. If the underlying suit on which the lawyers worked lacked merit, then their alleged malpractice could not have had an impact, because the client would have lost anyway. The issue is causation: whether possible malpractice could have caused harm. (See Viner v.…