Simpson v. Best

Filed 8/18/06 Simpson v. Best CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

Allen R. Simpson timely appeals from a judgment entered in favor of his former attorney, Thomas Best, after the trial court granted Best's motion for summary judgment based on (1) expiration of the one-year statute of limitation for legal malpractice claims (Code Civ. Proc., § 340.6, subd. (a)), (2) the applicability of the litigation privilege to some of Simpson's claims (Civ. Code, § 47, subd. (b)), and (3) Simpson's lack of standing to assert a claim for mail fraud. Although Simpson's briefs are difficult to decipher, he appears to contend the trial court erred because (1) Simpson had a disability which tolled the statute of limitation and (2) the litigation privilege was inapplicable. However, Simpson has failed to show any error because he has provided an inadequate record on appeal and briefs in noncompliance with Rule 14 of the California Rules of Court. Consequently, we affirm.

DISCUSSION

I. Simpson's In Propria Persona Status Does Not Affect Our Analysis.

Simpson represents himself in this appeal. However, this fact does not entitle him to special treatment or exempt him from following the rules of appellate procedure. â€