The First Appellate District, in Connelly v. Bornstein, adds to the line of cases holding that a malicious prosecution action against an attorney is governed by Code of Civil Procedure section 340.6(a). That section imposes a one-year statute of limitations for actions “against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services.”
The result is contrary to the statute of limitation applicable to other litigants of a malicious prosecution claim. Other litigants are subject to the more general two-year statute of limitation set forth at Code of Civil Procedure section 335.1, applicable to injury to a person caused by the wrongful act or neglect of another.
The Committee of Bar Examiners has filed its opening brief In re Sergio C. Garcia on Admission. It will be interesting to see how this all plays out, particularly in view of President Obama’s recent order granting deferred action to DREAMers. Continue reading
The Justice Department’s U.S. Trustee Program is asking law firms, whose billing rates approach or exceed $1000/hour in Chapter 11 reorganization cases, to justify their rates according to the Wall Street Journal. The rates allowed professionals in the Lehman Brothers bankruptcy to be paid more than $1.4 billion according to the WSJ article.
After Sergio C. Garcia passed the bar, the California State Bar certified his admission to the California Supreme Court but also advised the Court that Garcia was an undocumented immigrant. The Court has requested the Bar and Garcia to explain why an illegal immigrant should be granted a law license. The case is Sergio C. Garcia On Admission, S202512, filed May 15, 2012. A recent story concerning the case appears in the Los Angeles Times. More about the case is at ImmigrationProf Blog.
UPDATE: On January 2, 2014 the California Supreme Court granted the State Bar’s motion to admit Mr. Gracia to the State Bar based on legislation passed by the state legislature and signed into law by the governor, which legislation became effective January 1, 2014. The opinion is here. Congratulations, Sergio Garcia!