Legal Opinion
Fleming v. Gallegos
California Court of Appeal
Decided March 9, 1994No. B071893PublishedCited by 1 opinion
1Opinion of the Court
Opinion
GILBERT, J.
An attorney files an action for his client. The attorney does no work on the case. The client gives the case to a second attorney who also does no work on the case. The second attorney also fails to tell the client he has not filed the form substituting himself in as the client’s new attorney. Because of this inactivity, the case never gets to the point where there is a hearing or a deposition. The case is dismissed for failure to prosecute.
We draw upon that legal oxymoron known as “positive misconduct” to conclude that the negligence of the attorneys shall not be imputed to…
2Cases cited8 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Daley v. County of ButteCalifornia Court of Appeal · 1964
- Carroll v. Abbott Laboratories, Inc.California Supreme Court · 1982
- Orange Empire National Bank v. KirkCalifornia Court of Appeal · 1968
- Aldrich v. San Fernando Valley Lumber Co.California Court of Appeal · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fleming v. GallegosCalifornia Court of Appeal · 1994