Dang

Dang v. Smith

Good Law
118 Cal. Rptr. 3d 490·190 Cal. App. 4th 646·2010 Cal. App. LEXIS 2011
Court of Appeal of CaliforniaNovember 30, 2010No. H033425California8,615 words

Opinion

Lead Opinion

Rushing, J.

*650 Opinion

Plaintiff Sheny Dang brought this action for legal malpractice against her former attorneys, defendants Alan Smith and Dennis P. Howell, and their firm, Grunsky, Ebey, Farrar & Howell, that had represented plaintiff in obtaining and attempting to collect a judgment against two men who purchased a bakery business from her and then defaulted. As initially framed, her complaint was largely predicated on defendants’ failure to record a judgment lien against real property in which one of the judgment debtors held an interest as a joint tenant. Defendants moved for summary judgment on evidence establishing that they had in fact recorded a lien, but that it had been extinguished when the debtor joint tenant died. In opposition to the motion, plaintiff offered three new theories of liability, of which only one resembled anything alleged in the original complaint. Plaintiff made no attempt to demonstrate, by proposed pleading, declarations, or otherwise, that she could truthfully plead, let alone prove, the elements of a cause of action on any of the three theories. She at no time moved, or even asked the court, for leave to amend her complaint. She offered no proposed…

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