Aloy v. Mash

Opinion

KAUS, J.-

I

Marcella G. Aloy, plaintiff in a legal malpractice action, appeals from a summary judgment for defendant Eugene A. Mash, her former attorney in a 1971 dissolution action against her husband Richard. Marcella’s claim of legal malpractice is based on defendant’s failure to assert a community property interest in Richard’s vested military retirement pension.1

Marcella employed defendant Mash in January 1971 to represent her in the dissolution action. Richard was then on active military service and was therefore not receiving a pension although he had been in the service for over…