O’Keefe & O’Keefe v. OZ Optics Limited
Defendants and cross-complainants OZ Optics Ltd., Oz Optics, Inc. (collectively OZ), and Omur Sezerman appeal from a judgment entered after a jury trial in favor of plaintiff and cross-defendant O’Keefe & O’Keefe, LLP (O&O), defendants’ former attorneys.[1] O&O sued defendants for failing to pay for legal services rendered by O&O in connection with two matters: OZ Optics Limited, et al. v. Hakimoglu, et al. (Alameda County Super. Ct. No. 01-0334488) (the Hakimoglu action) and Reinhard v. Bitmath, Inc., et al. (Santa Clara County Super. Ct. No. 1-02-CV-810955) (the Reinhard action). The jury awarded O&O damages against OZ in the sum of $190,142.54 with interest from the date of entry of judgment, plus costs. [2]
On appeal, defendants contend: (1) the trial court improperly dismissed all causes of action of defendants’ cross-complaint for failure to comply with the one-year statute of limitations for attorney malpractice (Code Civ. Proc., § 340.6) [3] and erroneously found O&O was not estopped to rely on the statute; (2) the trial court abused its discretion in allowing defendants’ trial counsel to withdraw before the outset of trial in circumstances where such withdrawal prejudiced defendants; (3) the court prejudicially erred when it struck the opinions of OZ’s expert witness Ronald Mallen, Esq. as to issues related to OZ’s affirmative defenses that OZ was entitled to deductions from O&O’s billing where O&O performed negligently and breached its contract with defendants; and (4) the court erroneously granted a partial directed verdict for O&O on OZ’s affirmative defense asserting an offset for sums owing due to O&O’s professional negligence.[4] We shall affirm the judgment.
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