Defendants J. Michael Fitzsimmons (“Fitzsimmons”) and Campbell, Warburton, Fitzsimmons, Smith, Mendell & Pastore (collectively, “Fitzsimmons” or “Defendants”) move for summary judgment, or in the alternative, summary adjudication, in their favor and against plaintiff Mahmoud Ascarie (“Plaintiff” or “Ascarie”).

VII. Background

E. Factual

This is an action for legal malpractice. According to the allegations of the operative complaint (“Complaint”), on March 20, 2006, a utility pole belonging to PG&E failed and damaged several buildings on Plaintiff’s property in Gilroy (the “Property”). PG&E removed the pole and installed a new one, but initially did so incorrectly, leaving Plaintiff without his prior level of service. Ascarie was promised that his pre-existing service would be restored to him at no charge, but was later informed by PG&E that that service was no longer available and that he would have to pay for a new service. Ascarie paid for such services under protest, and later re