Broadway Vict., LLC v. Norminton, Wiita & Fuster

Good Law
10 Cal. App. 5th 1185·2017 Cal. App. LEXIS 355·217 Cal. Rptr. 3d 414
Court of Appeal of CaliforniaApril 19, 2017B266060California4,219 words

Opinion

Lead Opinion

Kin, J.

INTRODUCTION

Plaintiff and appellant Broadway Victoria, LLC (plaintiff) sued its former attorneys, Norminton, Wiita, & Fuster, Thomas Norminton, and Thomas Norminton, PC (defendants) for legal malpractice and breach of fiduciary duty arising from defendants' representation of plaintiff in an earlier breach of contract action. On appeal from a judgment in favor of defendants, plaintiff contends that the trial court erred when it granted defendants' nonsuit motions on one of plaintiff's malpractice claims and its breach of fiduciary duty claim. Plaintiff also contends that the trial court abused its discretion in denying plaintiff's motion in limine to exclude evidence of alleged prior fraud by failing to weigh the prejudicial effect of that evidence against its probative value, as required *416 under Evidence Code section 352 (section 352 ).

In the published portion of this opinion, we affirm the grant of nonsuit on plaintiff's breach of fiduciary claim because plaintiff did not adduce any evidence in support of that claim beyond the evidence offered in support of its malpractice claim for professional negligence. We also affirm the judgment in all other respects.

BACKGROUND…

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