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socrateaser
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 39149
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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What is the statute of limitations in CA for filing a lawsuit

Customer Question

What is the statute of limitations in CA for filing a lawsuit against a bankruptcy lawyer?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 5 years ago.
Under California Code Civ. Proc. 340.6, a lawsuit against an attorney for wrongful injury/malpractice must be brought within the earlier of one year from the date when the client discovers or reasonably should have discovered the wrongful act, or four years, whichever occurs first. Additionally, the four year limitation can be extended, on any one of the following grounds:

(1) The plaintiff has not sustained actual injury.
(2) The attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred.
(3) The attorney willfully conceals the facts constituting the wrongful act or omission when such facts are known to the attorney, except that this subdivision shall toll only the four-year limitation.
(4) The plaintiff is under a legal or physical disability which restricts the plaintiff's ability to commence legal action.

As you can see, the limitation period is someone complicated -- generally, it's necessary to have a legal malpractice lawyer consider the client's specific facts and try to determine whether or not the statute of limitations has run out.

For a legal malpractice lawyer referral, see this link.

Hope this helps.

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Customer: replied 5 years ago.
Does this mean it must be filed within the first 6 months?
Expert:  socrateaser replied 5 years ago.
You have at least one year to sue under every possible scenario.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation.

If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!