Legal Opinion

Smith v. Cimmet

California Court of Appeal

Decided October 18, 2011No. A129586PublishedCited by 20 opinions

1Opinion of the Court

Opinion

SEPULVEDA, J.

The personal representative of an Oregon estate brought a legal malpractice action against California attorneys who had been retained by the previous representative in an unsuccessful lawsuit against the decedent’s California business partner. The current estate representative alleged that his predecessor’s attorneys prosecuted a meritless lawsuit that unnecessarily expended estate assets. The attorney defendants moved for judgment on the pleadings contending that the Oregon representative lacked capacity to sue because his authority did not extend beyond Oregon, and…

2Cases cited21 opinions

  1. Wash. Mut. Bank v. Superior Court of Orange Cty.California Supreme Court · 2001
  2. Hurtado v. Superior CourtCalifornia Supreme Court · 1974
  3. Vaughan v. NorthupSupreme Court of the United States · 1841
  4. Sullivan v. Oracle Corp.California Supreme Court · 2011
  5. MacIsaac v. PozzoCalifornia Supreme Court · 1945

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3Cited by20 opinions

  1. Stanley v. Novartis Pharmaceuticals Corp.District Court, C.D. California · 2014
  2. Popescu v. Apple Inc.California Court of Appeal · 2016
  3. Paul v. PattonCalifornia Court of Appeal · 2015
  4. Hassanati v. International Lease Finance Corp.District Court, C.D. California · 2014
  5. Stine v. Dell'OssoCalifornia Court of Appeal · 2014

15 more not listed; retrieve them via the Exa API.

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