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Wong v. Hunt2/21/2002
ent under section 581d].)
Continuing with the theme that the court did not dismiss him from the malpractice action on statute of limitation grounds, Wong argues his motion to strike argued only that the malpractice complaint was "patently false." He mischaracterizes the record. His papers in support of his motion to strike summarized the gist of his motion as follows: "In the instant [malpractice] case, the plaintiff June Yasuda through her attorney, William McMillan, Esq., patently misrepresents to this Court the relevant time periods in her complaint. This action subverts the Legislature's clear intent, as manifested by California Code of Civil Procedure section 340.6, that legal malpractice actions be brought within the one-year statute of limitations." After summarizing the malpractice complaint's purported falsehoods, Wong's supporting papers concluded, "this complaint was drafted with these false statements intentionally and with malice to circumvent the procedural hurdle of CCP Section 340.6, . . ." In short, and by Wong's own description, Yasuda offered her falsehoods to get around his statute of limitation defense. His assertion that his motion to strike did not raise the statute of limitations thus fails.
DISPOSITION
The judgment is affirmed. Respondents to recover their costs on appeal.
NOT FOR PUBLICATION.
We concur:
COOPER, P.J.
BOLAND, J.
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