· 12/2/1971
Budd v. Nixen
Citations
- 491 P.2d 433
- 6 Cal. 3d 195
- 98 Cal. Rptr. 849
- 1971 Cal. LEXIS 210
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reasoning that \[o]rdinarily the client has already suffered damage when he discovers his attorney's negligence\
- reasoning that “[ojrdinarily the client has already suffered damage when he discovers his attorney’s negligence”
- to recover in malpractice against an accountant, a plaintiff must prove duty, breach, factual causation, proximate causation, and damages
- plaintiff-client compelled to “ ‘incur and pay attorney’s fees and legal costs and expenditures’ ” would sustain sufficient injury to run statute of limitations for legal malpractice claim
- “the infliction of the damage will alert the client to the attorney’s negligence and thus the statute of limitations will then begin to run on any malpractice action”
- “[T]he cause of action in tort does not accrue until the client both sustains damage, and discovers, or should discover, his cause of action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tobriner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.