Tentative Rulings on Motion to Compel Arbitration and Related Sealing Motions Certain Underwriters at Lloyds of London v. Phelps Dunbar, Case No. 2019-17646 August 23, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is a legal malpractice case in which the underlying case was also a professional negligence case. The present case has navigated a circuitous course to today's hearing. Some background is helpful. A. The Underlying Case. In 2013, Case No. 2013-66639 was filed in San Diego. Plaintiff Hooman Asbaghi alleged legal malpractice by attorney Neil Nydegger in failing to renew a patent. Nydegger tendered the case to Certain Underwriters at Lloyds of London (hereinafter "Lloyds"*), which provided a defense of the claims. Lloyds retained the Lindahl firm of Los Angeles as defense counsel for Nydegger, and the Phelps firm of New Orleans as coverage counsel.
In 2014, there was a policy limits demand in Asbaghi v. Nydegger, the rejection of which is now in dispute.
Hearing Date
August 22, 2019
Category
Civil - Unlimited
Type
Professional Negligence
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Tentative Rulings on Motion to Compel Arbitration and Related Sealing Motions Certain Underwriters at Lloyds of London v. Phelps Dunbar, Case No. 2019-17646 August 23, 2019, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is a legal malpractice case in which the underlying case was also a professional negligence case. The present case has navigated a circuitous course to today's hearing. Some background is helpful. A. The Underlying Case. In 2013, Case No. 2013-66639 was filed in San Diego. Plaintiff Hooman Asbaghi alleged legal malpractice by attorney Neil Nydegger in failing to renew a patent. Nydegger tendered the case to Certain Underwriters at Lloyds of London (hereinafter "Lloyds"*), which provided a defense of the claims. Lloyds retained the Lindahl firm of Los Angeles as defense counsel for Nydegger, and the Phelps firm of New Orleans as coverage counsel.
In 2014, there was a policy limits demand in Asbaghi v. Nydegger, the rejection of which is now in dispute.