Kasem v. Dion-Kindem
Annotate this CasePlaintiff retained defendant to represent her in an action against Ralphs Grocery Company for breach of contract where plaintiff subleased property owned by Ralphs. Plaintiff subsequently filed suit against defendant, alleging in the third amended complaint that defendant committed legal malpractice by failing to designate and call an expert witness at trial. The trial court sustained defendant's demurrer to the third amended complaint without leave to amend and plaintiff appealed the judgment of dismissal. The court concluded that plaintiff failed to allege a relevant breach of duty by defendant and has only established that a trial court error, which precluded her from establishing that the sewage discharge into her premises was covered by the sublease with Ralphs. Accordingly, the court affirmed the judgment of the district court.
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