The parties, White Mountains Reinsurance Company of America, as successor-in-interest to Modern Service Insurance Company ("Plaintiff"), and Borton Petrini, LLP ("Defendant"), have both submitted supporting and opposing points and authorities as to a joint "Motion of Agreed Dispositive Issue." The Court now issues its tentative ruling on the parties' joint motion. In sum, the Court finds that Plaintiff does not have standing to prosecute the claim for legal malpractice against Defendant. In this respect, the Court finds that the claim arose out of the attorney-client relationship between MSI and Defendant, and accrued while MSI was still a client of Defendant. The Court further finds that Plaintiff's interest in the claim, if any, would only have been acquired by assignment, which is prohibited by the great weight of California law.
The parties have submitted a Joint Stipulation of Facts for the Court's use in ruling on the agreed dispositive issue(s). Those facts are fully in
Hearing Date
April 04, 2012
Category
Civil - Unlimited
Type
Professional Negligence
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The parties, White Mountains Reinsurance Company of America, as successor-in-interest to Modern Service Insurance Company ("Plaintiff"), and Borton Petrini, LLP ("Defendant"), have both submitted supporting and opposing points and authorities as to a joint "Motion of Agreed Dispositive Issue." The Court now issues its tentative ruling on the parties' joint motion. In sum, the Court finds that Plaintiff does not have standing to prosecute the claim for legal malpractice against Defendant. In this respect, the Court finds that the claim arose out of the attorney-client relationship between MSI and Defendant, and accrued while MSI was still a client of Defendant. The Court further finds that Plaintiff's interest in the claim, if any, would only have been acquired by assignment, which is prohibited by the great weight of California law.
The parties have submitted a Joint Stipulation of Facts for the Court's use in ruling on the agreed dispositive issue(s). Those facts are fully in