Rosen

Rosen v. Century Law Group CA2/4

Good Law
Court of Appeal of CaliforniaMarch 18, 2022B306323California1,037 words

Opinion

Opinion

Currey, J.

INTRODUCTION

Plaintiff and appellant Jonathan Rosen (Rosen) sued Edward Lear (Lear) and his law firm, Century Law Group (CLG), for legal malpractice. After a bench trial, the trial court entered judgment in favor of Lear and CLG on the ground that Rosen’s complaint was barred by the applicable one-year statute of limitations. (See Code Civ. Proc., § 340.6, subd. (a).)1 Rosen’s sole contention on appeal is that his action was timely because the statute of limitations was tolled until Lear formally withdrew as his attorney of record. For the reasons discussed below, we reject this contention and affirm.

FACTUAL AND PROCEDURAL BACKGROUND2

In September 2015, Rosen retained Lear to defend him in a legal malpractice lawsuit (the underlying lawsuit). On February 3, 2016, Rosen emailed Lear, stating: “Your billing practices are insane. [¶] Youre [sic] fired. [¶] Prepare my file asap and let me know when it is available for pick up.” That same day, Lear replied: “Your file will be ready for pick up today. As you know, responses to discovery are due tomorrow.” On February 4, 2016, Rosen picked up his file and signed a substitution of attorney form. That same day, Rosen met with his new…

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