Guardian Life Ins. v. Thelen Reid & Priest

Filed 1/31/07  Guardian Life Ins. v. Thelen Reid & Priest CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

            Plaintiffs/appellants Guardian Life Insurance Company and Berkshire Life Insurance Company of American (collectively, Guardian) appeal a summary judgment in favor of defendant/respondent law firm Thelen Reid & Priest (Thelen) to Guardian's action for professional negligence based on failure to file a timely appeal.  Guardian contends there are triable issues of fact as to whether it would have prevailed in the appeal.  We affirm.

BACKGROUND

            The Underlying Unfair Competition Action

            1. Guardian Life Insurance Policies

            At all times relevant to the underlying action, prospective purchasers of Guardian life insurance policies had two methods of payment.  In the first method, known as â€