Knoell

Knoell v. Petrovich

Good Law
1999 Cal. App. LEXIS 981·76 Cal. App. 4th 164·90 Cal. Rptr. 2d 162·99 Daily Journal DAR 11428·99 Cal. Daily Op. Serv. 8970
Court of Appeal of CaliforniaNovember 9, 1999No. B127721California2,141 words

Opinion

Lead Opinion

Yegan, J.

Michael C. Knoell appeals from a judgment of dismissal entered after the trial court sustained, without leave to amend, a demurrer to the third amended complaint for damages against Attorney Susan F. Petrovich. The trial court concluded that the action was barred by the litigation privilege (Civ. Code, § 47, subd. (b)(2)) and the statute of limitations (Code Civ. Proc., §§ 340, subd. (3), 339, subd. 1). We affirm.

Facts and Procedural History

In 1994 Joan Johnson retained Attorney Petrovich to extinguish a deed granting appellant an easement across Johnson’s property. The deed purported to expand an existing 14-foot-wide access easement to a 20-foot-wide *167 easement. Johnson had been involved in several real estate ventures with appellant but did not recall executing the 20-foot easement deed. She believed that appellant may have forged her signature.

Attorney Petrovich sent a December 5, 1994, demand letter requesting that appellant extinguish the easement deed which “may or may not be a forgery.” (See exhibit A in the appen., post, at p. 172.) When appellant failed to rescind the deed, Attorney Petrovich sent a January 26, 1995, letter to the Lompoc City Attorney…

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