Davis

Appellant challenges the summary judgment entered on her complaint for legal malpractice, contending that the issue of negligence concerning the implications of an unsettled proposition of law presented triable questions of fact. However, in light of the record and governing precedents, the contention is proven meritless. Accordingly, we affirm the judgment for the reasons which follow.

The record reveals the following salient facts and circumstances: In 1970 appellant retained respondent Frank C. Damrell, Sr., 1 a former California superior court judge, to represent her in a dissolution proceeding. Appellant’s husband, David K. McMillin, a career Army officer, then possessed a vested right to a federal pension upon retirement from active duty. In response to appellant’s inquiry whether a community interest attached to her husband’s federal military “retirement pay,” respondent advised her that such federal military pension did not constitute divisible community property. A property settlement agreement subsequently executed by the parties contained no provision for the allocation or distribution of community property interests in the military pension. In 1973 Mr.…