Grebing and Sharma defended a San Diego law firm (“Firm”) against a complaint brought by the Firm’s former client for legal malpractice and breach of fiduciary duty. The former client sought punitive damages, emotional distress damages, and forfeiture of attorneys’ fees.

 

After the Court granted the Firm’s motions in limine, Plaintiff dismissed her legal malpractice claim with prejudice. The trial proceeded on the sole remaining cause of action of breach of fiduciary duty. After Plaintiff completed her evidence following a three-day bench trial, the Court granted Wingert Grebing’s motion for judgment under California Code of Civil procedure, section 631.8 dismissing Plaintiff’s claim for breach of fiduciary duty. In granting the motion, the Court found that the Firm did not breach its fiduciary duty and that Plaintiff had failed to support her claim with any evidence.