Nature of Proceedings: Demurrer/Motion Strike TENTATIVE RULING: Defendant’s demurrer to the complaint is overruled. Defendant’s motion to strike the claim for punitive damages and the claim for general damages is denied.
BACKGROUND. This is a legal malpractice action. Plaintiff Dominique Lacerte has sued her former attorney, defendant Elizabeth Vogt, alleging that defendant negligently handled her divorce action. Specifically, plaintiff alleges that defendant negligently advised her to enter into an unfavorable settlement agreement and breached the attorney-client privilege by disclosing confidential communications to opposing counsel. Plaintiff further alleges that defendant charged excessive and unreasonable legal fees. The complaint asserts causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) legal malpractice, and (4) breach of fiduciary duty. In addition to seeking compensatory damages, plaintiff seeks gener
Hearing Date
March 29, 2010
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Nature of Proceedings: Demurrer/Motion Strike TENTATIVE RULING: Defendant’s demurrer to the complaint is overruled. Defendant’s motion to strike the claim for punitive damages and the claim for general damages is denied.
BACKGROUND. This is a legal malpractice action. Plaintiff Dominique Lacerte has sued her former attorney, defendant Elizabeth Vogt, alleging that defendant negligently handled her divorce action. Specifically, plaintiff alleges that defendant negligently advised her to enter into an unfavorable settlement agreement and breached the attorney-client privilege by disclosing confidential communications to opposing counsel. Plaintiff further alleges that defendant charged excessive and unreasonable legal fees. The complaint asserts causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, (3) legal malpractice, and (4) breach of fiduciary duty. In addition to seeking compensatory damages, plaintiff seeks gener