Riley v. Marshall
Respondent Patrick Marshall, an attorney, defended appellant Willie Riley in an unlawful detainer action that included a dispute over Rileys ownership of the house from which he was being evicted by his former girlfriend, Deborah McDonald. McDonald held title to the house on which Riley had paid the down payment and some mortgage payments. Shortly before the trial of the unlawful detainer action was to begin, Riley signed a settlement agreement resolving the unlawful detainer action and the home ownership dispute. After Riley failed to make the payments to McDonald that were required by the settlement agreement, Riley lost his claimed ownership interest in the house during further legal proceedings. On appeal, Riley argues that his evidence established Marshalls professional negligence and the trial court erred in its ruling on causation. For reasons that Court explain, Court determine that triable questions of material fact exist and therefore Court reverse the judgment.
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