“The elements of a cause of action in tort for professional negligence are:
(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise;
(2) a breach of that duty;
(3) a proximate causal connection between the negligent conduct and the resulting injury; and
(4) actual loss or damage resulting from the professional's negligence.”
Hahn v. Mirda, 147 Cal. App. 4th 740, 746-47 (2007).
“The elements of a legal malpractice action arising from a criminal proceeding are
(1) proof of actual innocence;
(2) the attorney’s duty to use such skill, prudence, and diligence as members of the profession commonly possess and exercise;
(3) breach of that duty;
(4) a proximate causal connection between the breach and the resulting injury; and
(5) actual loss or damage resulting from the lawyer's negligence.”
Rose v. Hudson, 153 Cal. App. 4th 641, 649-50 (2007).
Professional negligence by a health care provider is governed by Cal. Civ. Code § 3333.2 which it defines professional negligence as “a negligent act or omission to act by a health care provider in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death.” Cal. Civ. Code § 3333.2(c)(1).
CALIFORNIA STATE COURTS
Supreme Court of California: Coscia v. McKenna & Cuneo, 25 Cal. 4th 1194, 1199-1200 (2001).
California 1st District: Filbin v. Fitzgerald, 211 Cal. App. 4th 154, 165 (2012).
California 2d District: Hall v. Kalfayan, 190 Cal. App. 4th 927, 933 (2010).
California 3d District: Rose v. Hudson, 153 Cal. App. 4th 641, 649-50 (2007) (standard for legal malpractice in criminal case); In re Marriage of Klug, 130 Cal. App. 4th 1389, 1398 (2005).
California 4th District: Wise v. DLA Piper LLP (US), -- Cal. App. 4th --, Nos. D062150, & D062661, 2013 Cal. App. LEXIS 862, at *17 (Oct. 8, 2013); Barragan v. Lopez, 156 Cal. App. 4th 997, 1004 (2007).
California 5th District: Powell v. Kleinman, 151 Cal. App. 4th 112, 122 (2007).
California 6th District: Landmark Screens, LLC v. Morgan, Lewis & Bockius, LLP, 183 Cal. App. 4th 238, 247-48 (2010).
CALIFORNIA FEDERAL COURTS
United States Court of Appeal for the 9th Circuit: Steefel Levitt & Weiss v. Astor Holdings, Inc., 275 Fed. Appx. 718, 720 (9th Cir. 2008) (legal negligence); United States Fidelity & Guaranty Co. v. Lee Investments, LLC, 641 F.3d 1126, 1138-39 (9th Cir. 2011) (professional negligence of insurance broker).
Central District: Mosier v. Stonefield Josephson, Inc., No. CV 11 - 2666 PSG (Ex), 2013 U.S. Dist. LEXIS 132598, at *9 (C.D. Cal. July 30, 2013) (accounting and business consulting); Banderas v. United States, No. CV 08-6594 PSG (CTx), 2012 U.S. Dist. LEXIS 74782, at *15-16 (C.D. Cal. May 29, 2012) (negligence of health care provider); FDIC v. Lamarsh Financial Inc., No. SACV 10-0872 DOC (PJWx), 2011 U.S. Dist. LEXIS 110042, at *5 (C.D. Cal. Sept. 26, 2011) (mortgage professionals).
Eastern District: Britz Fertilizers, Inc. v. Nationwide Agribusiness Ins. Co., No. 1:10-cv-02051-AWI-MJS, 2013 U.S. Dist. LEXIS 144232, *140-41 (E.D. Cal. Oct. 3, 2013) (insurer).
Northern District: Machado v. Cal. Department of Corr. & Rehab., No. 12-cv-6501 JSC, 2013 U.S. Dist. LEXIS 154491, at *16 (N.D. Cal. Oct. 28, 2013) (medical negligence).
Southern District: Vaxiion Therapeutics, Inc. v. Foley & Lardner LLP, 593 F. Supp. 2d 1153, 1165 (S.D. Cal. 2008) (legal negligence).