Samuels v. Mix

*5Opinion

WERDEGAR, J.

For purposes of applying the one-year-from-discovery limitation on commencement of attorney malpractice actions in Code of Civil Procedure section 340.6, subdivision (a) (section 340.6(a)),1 who bears the burden of proving when the plaintiff discovered, or through the use of reasonable diligence should have discovered, the facts constituting the defendant’s alleged malpractice? As explained below, we hold the defendant bears that burden.

Background

In October 1992, plaintiff Arlayna Samuels filed her complaint in this attorney malpractice action, amending it three days later…