Leader v. Iungerish
Plaintiff and appellant William Leader (Leader) filed a legal malpractice action against, inter alia, defendant and respondent Russell Iungerish (Attorney Iungerish) stemming from Leaders conviction in an underlying criminal proceeding during which Attorney Iungerish represented Leader. Although the trial court initially stayed the malpractice action pursuant to the parties stipulation, it thereafter lifted the stay, sustained Attorney Iungerishs demurrer, and dismissed the action (first dismissal order). Leaders appeal from the first dismissal order was assigned to this court, and Court reversed that order and directed the trial court to stay Leaders malpractice action during the period in which . . . Leader timely and diligently is pursuing his postconviction remedies.
Leader now appeals from the second dismissal order, arguing that the order is premature, unfair, and harsh, and that monetary sanctions or an order to show cause would have been more appropriate remedies for his failure to appear at the status conference. Because the trial court failed to give Leader notice of its intent to dismiss the malpractice action and denied him the opportunity to be heard on the issue, Court vacate the dismissal order.
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