Olson v. Grad CA4/3
Plaintiff and appellant Erlend M. Olson (plaintiff) filed an action against defendants and respondents Snell & Wilmer, LLP, Roger Grad, and Mark Ziemba (collectively Snell) for legal malpractice, breach of fiduciary duty, and aiding and abetting fraud, breach of fiduciary duty, fraudulent transfer, and conversion allegedly committed by plaintiff’s estranged wife, Jana Olson (Olson). Snell demurred to the aiding and abetting causes of action on the ground they were barred by the statute of limitations and also failed to state a cause of action. The court sustained Snell’s demurrer without leave to amend on the former ground and did not rule on the latter argument. Plaintiff appeals, arguing neither Code of Civil Procedure section 338, subdivision (d) (section 338(d)) nor Code of Civil Procedure section 340.6, subdivision (a) (section 340.6(a)), on which the court relied, is the applicable statute of limitations.
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