Procedural Posture

Plaintiff assignee sought review of a judgment from the Superior Court of San Diego County (California)The trial court sustained demurrers filed by defendant attorneys after plaintiff brought a legal malpractice complaint against defendants.

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Overview

Plaintiff assignee filed suit against a party in CaliforniaThe party consulted with defendant attorneys, who were licensed in Oregon, but not in CaliforniaJudgment was entered in favor of plaintiff based on deficiencies in the discovery responsesPlaintiff compelled the party to assign to plaintiff all choses in action against defendants,plaintiff filed a legal malpractice complaint against defendantsThe trial court sustained defendants’ demurrer, holding that legal malpractice claims were not assignable under California lawThe court affirmed the judgmentCalifornia law precluded an assignment of legal malpractice claims because of the uniquely personal nature of the attorney-client relationshipbecause public policy would be violated if such assignment were allowedIf an attorney perceived that his adversary might sue him for malpractice, the attorney might be reluctant to vigorously pursue litigation against the adversaryThis in turn could compromise the duty of undivided loyalty that an attorney owed to a clientEven if Oregon law permitted the assignment of legal malpractice claims, California law governed whether the assignment itself was valid.

Outcome

The court affirmed the judgment in favor of defendant attorneysThe gravamen of all of plaintiff assignee’s claims against defendants was legal malpractice,legal malpractice claims were not assignable under California law.