Pointe San Diego Residential Community L.P. v. Procopio, Cory, Hargreaves & Savitch, LLP

Three entities sued their former attorneys alleging professional negligence and related claims. 1 The. court entered judgment in defendants’ favor after sustaining a demurrer without leave to amend and granting a judgment on the pleadings on plaintiffs’ fourth amended complaint. The court concluded each of the claims was barred by the statute of limitations and the relation-back doctrine was inapplicable. We reverse, determining the claims related back to an earlier, timely filed complaint.

*269 FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs’ malpractice action against Procopio involves Procopio’s legal representation of plaintiffs in a complex multiparty real estate litigation that spawned numerous appeals in this court. Plaintiffs filed their original complaint against Procopio while the underlying litigation was ongoing and within one year after they substituted a new counsel. Plaintiffs then filed several amended malpractice complaints. The trial court found the fourth amended complaint was untimely. Plaintiffs challenge this conclusion on appeal.

To properly resolve the appellate issues, it is necessary to summarize the history of the underlying litigation and its…