Tentative ruling on Jun. 30, 2022 in Contra Costa County, CA - Case no: xxxxx603

MSC21-02603
CASE NAME: MIRKOOSHESH VS KENSOK
HEARING ON DEMURRER TO: COMPLAINT
*TENTATIVE RULING:*
Before the Court is Defendants Michael J. Hassen and Reallaw APC (“Defendants”)’s Demurrer to
Plaintiff’s Complaint pursuant to California Code of Civil Procedure (“CCP”) section 430.10, subdivision
(e) (the “Demurrer”). The Demurrer is made in response to a Complaint filed in this Court by Hamid
Mirkooshesh (“Plaintiff” or “Mirkooshesh”) seeking damages for (1) legal malpractice/professional
negligence, (2) breach of fiduciary duty, and (3) breach of contract.
Defendants demur on the grounds that “[t]he pleading does not state facts sufficient to constitute a
cause of action.” (CCP § 430.10, subd. (e).) Defendants argue that the insufficiency of the Complaint is
established by CCP section 340.6(a) which sets a statute of limitations for “action against an attorney
for a wrongful act or omission . . . arising in the performan….....