Gotek Energy, Inc., v. SoCal IP Law Grp.

GoTek, the client, appealed the judgment in a legal malpractice action entered in favor of SoCal (firm one), as well as the postjudgment order awarding firm one attorney fees. Firm one was client's patent counsel. After firm one failed to timely file patent applications, client retained Parker Mills (firm two) to bring a malpractice action against firm one. The trial court ruled that firm two had not filed the action within the one-year statute of limitations. The court affirmed, concluding that the record does not show why firm two waited until what it believed was the “eleventh hour” to file the malpractice action. As a matter of law, the tolling of the statute of limitations ended no later than November 8, 2012, more than one year before the filing of the malpractice action. Therefore, the court agreed with the trial court that firm two waited too long to file the action. View "Gotek Energy, Inc., v. SoCal IP Law Grp." on Justia Law