Central Transportation Company v. Edward Leonard

Good Law
United States Court of Appeals for the Ninth CircuitMay 2, 202221-55741California630 words

Opinion

Opinion

facts constitute professional negligence.” Peregrine Funding, Inc. v. Sheppard

Mullin Richter & Hampton LLP, 35 Cal. Rptr. 3d 31, 51 (Ct. App. 2005) (quotation

omitted).

Here, by March 21, 2020, one year before filing suit, Central Transport was

at the very least on notice to investigate Leonard’s alleged malpractice regarding the

settlement in the Misra matter. On February 25, 2020, Central Transport filed a

declaratory judgment complaint seeking enforcement of the settlement. Central

Transport alleges that counsel who filed the declaratory judgment had at that point

reviewed Leonard’s conduct and identified multiple breaches in the standard of care.

Central Transport also knew by this time that the settlement with the Misras had not

been consummated. Thus, by this point at the latest, Central Transport had or should

have had a “suspicion of wrongdoing,” and it was on notice to investigate Leonard’s

actions. Id. at 51–52. Because Central Transport filed this action more than one

year later, its claims are untimely. See Cal. Code Civ. Proc. § 340.6(a). 2 4F4F

2 On appeal, Central Transport only challenges Leonard’s May 30, 2018 email. But even if Central Transport…

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