Recent Trial Verdict - Legal Malpractice Defense
08/02/08 11:42 Filed in: Verdicts & Settlements | Legal Malpractice
Tony Forberg successfully defended a legal malpractice lawsuit against a Los Angeles attorney, and the result will be published in Daily Journal, “Verdicts and Settlement Section” published by Daily Journal Corporation.
Daily Journal, established in 1888, is the leading daily legal newspaper for the legal community.
The excerpts of the article to be published:
TOPIC: Torts
SUB TOPIC: Fraud
FURTHER DESCRIPTION: Negligence/Breach of Contract
BENCH DECISION: Defense verdict as to defendant Attorney. and $190,777 as to defendant Zadorian.
ATTORNEY:
Plaintiff - Ken Z. Liang (Law Offices of Ken Z. Liang, Irvine).
Defendant - Tony Forberg (Law Office of Tony Forberg).
FACTS: In late 2004, plaintiffs Peng Ju and Chuan Shu, who lived together, were referred to defendant immigration paralegal
Romina Zadorian to change their immigration status from Student F1 visa to a green card. Plaintiffs met with defendant on a
number of occasions. Attorney, who shared an office wit hZadorian, was present during those meetings.
Plaintiffs received letters on letterhead that said "Law Office of XXXX" and were under the impression that they had
also hired Attorney to represent them.
Plaintiffs sued Zadorian for fraud and breach and contract, and Attorney for negligence and fraud. The fraud claim was
dismissed during trial. Plaintiffs moved for a default judgment against Zadorian after she failed to file an answer.
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that Zadorian misinformed them about their right to a green card and that she
deposited checks for filing fees into her own account. Some filing fees were returned by the bank unpaid due to insufficient funds,
and later various collection agencies contacted them regarding these fees.
DEFENDANT'S CONTENTIONS: Defendant Attorney contended he never represented plaintiffs and therefore owed no duty
toward them. Attorney contended he never executed a document nor appeared in court on their behalf, and was unaware
Zadorian was using his letterhead and forging his signature on retainer agreements.
DAMAGES: Plaintiffs sought compensatory damages for breach of contract, fraud and negligence.
RESULT: Judge Edward Simpson granted the default judgment against Zadorian for $190,776.67 and a bench decision in favor of Attorney.