Fallon v. Law Offices of Dale Gribow
After the underlying medical malpractice action of plaintiffs Stephen A. Campitelli, Valerie L. Campitelli,[1]and John Fallon (also identified in the record as John R. Conturso, Jr.,) was dismissed, plaintiffs sued the individual attorneys and law firms that had represented them at various times in the underlying action. The trial court sustained defendants demurrers to the second amended complaint (SAC) of Stephen and Valerie without leave to amend on the grounds of statutes of limitations, failure to properly plead fraud with specificity, and failure to allege facts sufficient to show causation. The trial court also sustained defendants demurrers to the third amended complaint (TAC) of John[2]on the ground of failure to plead causation. On appeal from the ensuing judgment of dismissal, plaintiffs contend their claims related back to a timely-filed original complaint; their claims were timely filed based on late discovery of their causes of action; and they pleaded sufficient facts to allege viable causes of action. We find no error with respect to the trial courts rulings as to Stephen and Valerie, and we affirm the judgment of dismissal as to them. However, Court conclude the trial court erred in sustaining the demurrers of certain defendants as to Johns causes of action for legal malpractice, breach of fiduciary duty, and breach of contract, and we therefore reverse in part.
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