October 29, 2009

Kausch v. Wimsatt: Attorney Not Liable for Punitive Damages in Dispute with Client

Things have been quiet lately in the California punitive damages arena. The California Court of Appeal (Second Appellate District, Division Three), issued this unpublished opinion yesterday, but it's not particularly noteworthy. The plaintiff was involved in a personal injury lawsuit and he sued his lawyer, claiming (among other things) the lawyer improperly deducted certain expenses from a settlement check. The trial court granted summary adjudication on punitive damages, finding no triable issue of fact on the question of malice. The Court of Appeal affirmed.