Garcia v. Borelli

129 Cal. App. 3d 24 ·

California Court of Appeal · Filed February 24, 1982

Published · citable Cited by 2

Holding

The court held that the probate court’s prior judgment, entered pursuant to a settlement agreement in a Probate Code section 1080 proceeding, did not collaterally estop the appellants from pursuing their legal malpractice action against the estate’s attorney for negligent will drafting and breach of fiduciary duty, as the issues and parties in the two proceedings were not identical.

Statutes construed

PROB § 1080

Cited by (2)

SIMONA OSORNIO, Plaintiff and Appellant, v. LAWRENCE A. WEINGARTEN, as Personal Representative, etc., Defendant and Respondent (2004) 124 Cal. App. 4th 304
MYUNG CHANG, Plaintiff and Appellant, v. GREGORY LEDERMAN, Defendant and Respondent (2009) 172 Cal. App. 4th 67