Budd v. Nixen

Opinion

TOBRINER, J.

— This case is a companion to Neel v. Magana, Olney, Levy, Cathcart & Gelfand, ante, page 176 [98 Cal.Rptr. 837, 491 P.2d 421], also decided today. In Neel we conclude that the statute of limitations for legal malpractice, as for all professional malpractice, commences to run when the client discovers, or should reasonably discover, his cause of action. Plaintiff here discovered the malpractice on September 14, 1964, but did not bring suit until September 11, 1967, almost three years later. The case must turn, therefore, upon the issue of when the cause of action accrued.…