Eisenberg

MEMORANDUM

In this diversity action, Plaintiffs Ian Eisenberg (“Eisenberg”), International Audiotext Network, Inc. (“IAN”) and Vir-gincom bring claims for legal malpractice against Defendants John Hughes, James Moushegian and Gordon & Rees. The district court entered summary judgment against Plaintiffs, holding that (1) Virgin-com was never represented by Defendants, (2) IAN failed to file within the statute of limitations period, and (3) Eisenberg lacked standing. Plaintiffs appealed. As the parties are familiar with the facts, we do not recite them here.

DISCUSSION

I. Lack of Representation (Virgincom)

The district court held that Virgincom cannot, as a matter of law, assert a claim for legal malpractice against Defendants because the undisputed evidence establishes that Defendants never represented Virgincom. Plaintiffs do not challenge this holding on appeal. Accordingly, we affirm the district court’s grant of summary judgment against Plaintiff Virgincom on this basis.

II. Statute of Limitations (IAN)

Plaintiffs assert a variety of arguments to avoid application of California’s one-year statute of limitations to IAN’s malpractice claims.

A. Choice of Law

First,…