What is the statute of limitations for an action against an attorney for misrepresentation?

California, United States of America


The following excerpt is from Vrcic v. Martin, B219700, Super. Ct. No. BC334186 (Cal. App. 2010):

Section 340.6, subdivision (a) provides that "[a]n action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services shall be commenced within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the facts constituting the wrongful act or omission, or four years from the date of the wrongful act or omission, whichever occurs first." The statute of limitations is tolled until a plaintiff sustains actual injury. ( 340.6, subd. (a)(1).) It is also tolled while "[t]he attorney continues to represent the plaintiff regarding the specific subject matter in which the alleged wrongful act or omission occurred." ( 340.6, subd. (a)(2).) In addition to appellant's malpractice claim, the statute also applies to his negligent misrepresentation claim. (Quintilliani v. Mannerino (1998) 62 Cal.App.4th 54, 70 ["the trial court properly applied section 340.6 to the negligent misrepresentation causes of action and found them to be barred by the statute of limitations"].)

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