A lawsuit claims lawyers from the law firm of Clark Hill allegedly mismanaged a homeowner's legal claims against their home's builders over alleged construction defects they claim cost them millions, on top of their the legal bills.
Jack Oswald and Anne E. Seley, individually and as Trustees of the Oswald-Seley Revocable Trust, filed suit against Clark Hill PLC in San Francisco County Superior Court on April 11. The lawsuit is accusing Clark Hill of legal malpractice over alleged mismanagement handling a case against the Plaintiff's home builder for damages resulting from defects.
According to the complaint, from 2008-2013, Landmark Builders and other subcontractors worked for Oswald and Seley to build a new multi-million dollar home in Healdsburg.
When completion of the project allegedly failed to meet expectations, Oswald and Seley filed a complaint in 2016 against Landmark in Sonoma County court after they had retained attorneys from the firm of Morris Polich and Purdy.
Shortley thereafter in 2017, Morris Polich and Purdy merged with Clark Hill, but the firm's attorneys continued to represent Oswald and Seley, according to the complaint.
After an initial trial date was set for July 8, 2021, a series of continuances was filed including a motion to continue the trial amid a Covid outbreak. According to the complaint, the new trial date would fall one month following a five-year trial deadline set by law, yet the plaintiffs' attorneys allegedly failed to request a waiver or notify their clients of the statutory problems with their lawsuit for at least six months.
Oswald and Seley assert these alleged failures amounted to legal negligence.
Clark Hill later withdrew as counsel, allegedly blindsiding Oswald and Seley and leaving them without representation.
According to the complaint, Landmark and one of its subcontractors Pacific moved to dismiss the case in January 2022, claiming it had not been brought to trial before the statutory trial deadline.
In March, the court dismissed Oswald and Seley's case without prejudice on the grounds they failed to meet the statutory deadline, according to the complaint.
Oswald and Seley are demanding a trial by jury, actual and consequential damages, restitution of fees paid to Clark Hill, legal fees and court costs.
Oswald and Seley are represented by attorneys Jason E. Fellner and Andrew Browning, of Millstein Fellner LLP, of San Francisco.