Table of Contents | Altizer v. Highsmith Civil Procedure, Legal Ethics, Professional Malpractice & Ethics California Courts of Appeal |
Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | |
Professional Malpractice & Ethics Opinions | Altizer v. Highsmith | Court: California Courts of Appeal Docket: A157921(First Appellate District) Opinion Date: July 16, 2020 Judge: James A. Richman Areas of Law: Civil Procedure, Legal Ethics, Professional Malpractice & Ethics | In 1995, 17 plaintiffs sued the Highsmiths on several promissory notes. The parties entered into a stipulation; a single judgment was entered in favor of the plaintiffs in various amounts. In 2005, an attorney representing the plaintiffs renewed the judgment using the standard Judicial Council form. The attorney subsequently died. When the judgment was again due to be renewed in 2015, one of the plaintiffs (Bisordi) did so, again using the standard form. Defendants moved to vacate the 2015 renewal, arguing that it was void because to the extent one plaintiff purported to file it on behalf of the others, doing so constituted the unauthorized practice of law. The trial court agreed. The court of appeal reversed. Bisordi was acting in a “clerical” capacity, or as a “scrivener.” The statutory renewal of judgment is an automatic, ministerial act accomplished by the clerk of the court; entry of the renewal of judgment does not constitute a new or separate judgment. Bisordi did not hold himself out as any kind of attorney, offer the other creditors any legal advice, or resolve for them any “difficult or doubtful legal questions” that might “reasonably demand the application of a trained legal mind.” | |
|
About Justia Opinion Summaries | Justia Weekly Opinion Summaries is a free service, with 63 different newsletters, each covering a different practice area. | Justia also provides 68 daily jurisdictional newsletters, covering every federal appellate court and the highest courts of all US states. | All daily and weekly Justia newsletters are free. Subscribe or modify your newsletter subscription preferences at daily.justia.com. | You may freely redistribute this email in whole. | About Justia | Justia is an online platform that provides the community with open access to the law, legal information, and lawyers. |
|