Buckner v. Gebhardt
Defendant David J. Gebhardt and his firm, Centara Legal Group, APC (together, Gebhardt), represented plaintiff Gregory D. Buckner in the sale of his bail bond business. After the buyers' default, a third-party creditor of the buyers, United States Fire Insurance (USFI), perfected a security interest in the business assets, which was senior to any security Buckner had in the business.
Buckner filed a complaint against Gebhardt for professional negligence on July 31, 2009. Gebhardt moved for summary judgment (Code Civ. Proc., § 437c, subd. (c) [undesignated statutory references will be to the Code of Civil Procedure]), asserting (1) the applicable one-year statute of limitations (§ 340.6, subd. (a)) barred the action, and (2) Buckner failed to prove a causal connection between Gebhardt's alleged negligence and his injuries. The trial court found the action time-barred and granted Gebhardt's motion for summary judgment, but did not reach the issue of causation.
Buckner appeals, contending the trial court erred in granting the motion because the one-year statute of limitations had not run before he filed his complaint because it was tolled until USFI perfected its security interest in August 2008. We affirm.
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