Croucier

Croucier v. Chavos

Good Law
144 Cal. Rptr. 3d 180·2012 Cal. App. LEXIS 822·207 Cal. App. 4th 1138·2012 WL 2914117
Court of Appeal of CaliforniaJune 18, 2012No. G045323California4,511 words

Opinion

Lead Opinion

Ikola, J.

Plaintiffs (Jeff Croucier and David Moody) sued defendants (Anthony G. Chavos and Chavos & Rau, APC) 1 for alleged legal malpractice committed in a prior lawsuit. The trial court sustained Chavos’s demurrer to the first amended complaint and dismissed the action against Chavos based on the applicable statute of limitations. (See Code Civ. Proc., § 340.6 (section 340.6).) We agree with the court’s ruling and affirm the judgment of dismissal.

FACTS

As is often the case in legal malpractice actions, the facts necessary to decide this appeal are convoluted. There are three pertinent lawsuits: (1) the underlying business litigation, in which Chavos successfully obtained a default judgment in favor of plaintiffs but failed to successfully enforce the judgment; (2) a fraudulent conveyance action, brought by current counsel for plaintiffs against certain parties that allegedly engaged in tortious conduct to stymie the enforcement of the default judgment obtained in the underlying business litigation; and (3) the instant action, in which plaintiffs allege Chavos committed legal malpractice and other torts in the underlying litigation, specifically with regard to the enforcement…

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