In what circumstances will an attorney be denied a claim for damages for misrepresentation and misrepresentation?

California, United States of America


The following excerpt is from Escandari v. U.S. Bank N.A., F075830 (Cal. App. 2020):

Given appellant's experience and knowledge as an attorney, he should have known such a promise, as pleaded, was subject to some independent confirmation, particularly as the promised modification was indefinite and related to a mortgage for real property, which was governed by a written agreement. (Kahn v. Lischner (1954) 128 Cal.App.2d 480, 489 ["[I]f the conduct of the complaining party in the light of his own intelligence and information, or ready availability of information, was manifestly unreasonable, he will be denied a recovery."].)

Other Questions


Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
In what circumstances will the California Civil Code section 1714 of the Civil Code apply to an individual who has been denied a right to claim damages under the Civil Procedure Act? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
In what circumstances will a plaintiff be denied relief in a motion for damages brought by an attorney who was grossly negligent? (California, United States of America)
In what circumstances will defendants deny that they have a legal duty to support a plaintiff's misrepresentation claim? (California, United States of America)
In what circumstances will a landlord be able to claim damages for unlawful detainer damages against a holdover tenant? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
In what circumstances will a trial court deny an award of attorney fees on the grounds of special circumstances? (California, United States of America)
What is the basis for a claim that a person who has been denied a right to sue under the California Civil Code of Civil Procedure is entitled to claim damages from the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.