Knoell
Knoell v. Petrovich
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…