SAN FRANCISCO – A couple is seeking damages from a San Francisco law firm over allegations its negligence caused them to lose their legal right to take action.
Joselito and Florina Bautista filed a complaint on Jan. 3 in the San Francisco County Superior Court against Tab Mitchell, Mitchell Law Firm, Darrell Lewis and Does 1-100 alleging legal malpractice.
According to the complaint, Joselito Bautista consulted the defendants to represent him in a personal injury action from a 2017 motor vehicle collision. He alleges in March 2017, the defendants withdrew from the case and advised plaintiff he could not sue Samtrans and workers' compensation was his only remedy.
The plaintiffs allege the defendants did not advise Joselito Bautista that he had a six-month government claim requirement against Samtrans and he did not file a timely claim. They allege as a result, they are unable to remove against Samtrans for their injuries and personal damages.
The plaintiffs seek judgment against defendants for general and special damages, costs of suit, interest and further relief as the court deems just. They are represented by Scott Righthand of Law Office of Scott Righthand PC in San Francisco.
San Francisco County Superior Court case number CGC-19-572505