April 21, 2015 Los Angeles, California. California’s Court of Appeal has affirmed a Judgment by Los Angeles Superior Court Judge Steven J. Kleifield entered after a bench trial on Plaintiff Patrick Duff’s claims for legal malpractice, breach of contract and breach of fiduciary duty against Mr. Fredman’s clients David R. Welch and Mr. Welch’s law firm.
On April 21, 2015, the Court of Appeal in an unpublished decision, rejected Duff’s contentions that the trial court violated Duff’s constitutional right to a jury trial by denying relief from his inadvertent jury waiver. It also denied Duff’s contentions that the law firm’s representation had been limited in scope (to a restraining order proceeding) before execution of a retainer agreement expanding the scope of retention. It further held that the trial judge’s membership in the same bar organization did not constitute impermissible bias and that Duff had an obligation to raise that concern at the earliest practicable opportunity. The unpublished Court of Appeal Opinion is here.
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