Cooper

MEMORANDUM **

I.

This appeal arises from the district court’s dismissal of a legal malpractice claim brought by Darwin “Don” Cooper (“Cooper”) against the law firm of Favour, Weaver, Moore, Wilhelmsen & Schuyler, P.A. (“Favour”), several of the firm’s lawyers, and their spouses. Cooper argues that Favour committed malpractice by failing to join a defendant, Mrs. Wood, in the underlying state court case. Because the statute of limitations has expired on the claim against her, Cooper contends that Mrs. Wood cannot be joined as a defendant with her husband, who also is a defendant, in any future litigation. Under Arizona law, community assets may not be subjected to execution or garnishment to satisfy judgment unless both spouses have been joined as defendants and made parties to the judgment. See Vikse v. Johnson, 137 Ariz. 528 , 672 P.2d 193, 195 (Ariz.Ct.App.1983). The parties dispute whether Mr. Wood owns separate property from which Cooper could collect.

The district court concluded that under Arizona law, Cooper’s complaint was premature because the underlying state court case had not been fully and finally litigated. The district court also disagreed that Cooper’s damages…