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Murphy v. Shamilian

Murphy v. Shamilian
09:30:2007

Murphy v. Shamilian



Filed 9/13/06 Murphy v. Shamilian CA2/7







NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



SECOND APPELLATE DISTRICT



DIVISION SEVEN










MICHAEL C. MURPHY,


Plaintiff and Appellant,


v.


HAROUTIOUN SHAMILIAN et al.,


Defendants and Respondents.



B183963


(Los Angeles County


Super. Ct. No. EC037962)



APPEAL from a judgment of the Superior Court of Los Angeles County, Michael S. Mink, Judge. Affirmed.


Law Offices of Michael C. Murphy and Michael C. Murphy for Plaintiff and Appellant.


Law Offices of Leon Small and Leon Small for Defendants and Respondents.


______________________________________



INTRODUCTION


In an attorney's lawsuit against former clients to collect his fees based on an open book account, the trial court found the action was barred by the four-year statute of limitations. We conclude that the statute of limitations period began to run on the date the defendants substituted the lawyer out of the underlying action and the lawyer threatened to sue the clients for outstanding fees. Because the action was filed more than four years after that date, we affirm the judgment.


FACTUAL AND PROCEDURAL BACKGROUND


On April 26, 1999, Appellant Michael C. Murphy (â€





Description In an attorney's lawsuit against former clients to collect his fees based on an open book account, the trial court found the action was barred by the four year statute of limitations. Court conclude that the statute of limitations period began to run on the date the defendants substituted the lawyer out of the underlying action and the lawyer threatened to sue the clients for outstanding fees. Because the action was filed more than four years after that date, Court affirm the judgment.

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