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GONZALEZ v. KALU

GONZALEZ v. KALU
06:13:2006

GONZALEZ v. KALU




Filed 6/2/06




CERTIFIED FOR PUBLICATION





IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION THREE











GABRIELA GONZALEZ,


Plaintiff and Appellant,


v.


EMELIKE I. KALU,


Defendant and Respondent.



B183467


(Los Angeles County


Super. Ct. No. BC309523)



APPEAL from a judgment of the Superior Court of Los Angeles County, Morris B. Jones, Judge. Reversed.


The Younger Law Firm and Robert J. Younger for Plaintiff and Appellant.


Blumberg Law Corporation and Ave Buchwald for Defendant and Respondent.



______________________________________________


Gabriela Gonzalez appeals a summary judgment in a legal malpractice action based on the statute of limitations, Code of Civil Procedure section 340.6. After filing an administrative complaint against her employer with the Department of Fair Employment and Housing (DFEH) and telling Gonzalez that the case would take a very long time and that he would call her or send her a letter, Emelike I. Kalu had no contact with Gonzalez for almost three years. Gonzalez contends the limitations period was tolled or did not commence during the time Kalu failed to communicate with her. We conclude that there are triable issues of fact as to whether Kalu continued to represent Gonzalez during that time, which would toll the limitations period, and whether such â€





Description Client's allegation that attorney--after filing an administrative complaint against client's employer with the Department of Fair Employment and Housing and telling client that the case would take a very long time and that attorney would call her or send her a letter--had no contact with client for almost three years raised triable issues of fact as to whether attorney continued to represent client during that time, which would toll the limitations period, and whether such "continuing representation" was for a period sufficient to make client's malpractice action timely.
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