Martin Miller, a resident of California, has filed a legal malpractice lawsuit against his former attorney and law firm, alleging negligence and breach of fiduciary duty. The complaint was filed on April 24, 2025, in the Superior Court of California, County of Santa Clara, against James Hann and the Hann Law Firm.
The case revolves around Martin Miller's allegations that his legal representation by James Hann and his law firm was grossly inadequate during two separate legal matters: "Miller v. Stanford Health Care" and "Miller v. Naested." According to the complaint, Miller retained Hann's services in November 2020 with the expectation that they would provide competent legal counsel. However, Miller claims that Hann failed to meet the standard of care expected from attorneys in California.
Miller accuses Hann of several instances of negligence. Notably, he alleges that Hann did not file an opposition to a demurrer in the "Miller v. Stanford Health Care" case nor appear in court on January 16, 2024. This failure led to the demurrer being sustained with leave to amend within 20 days—a deadline that was missed by Hann. Furthermore, when Hann eventually filed for leave to amend on March 5, 2024, he allegedly did not respond to subsequent opposition filings or inform Miller about crucial rulings until after they were made.
In another instance concerning "Miller v. Naested," filed on December 5, 2023, Miller asserts that there was a failure to submit valid proof of service timely. This oversight resulted in a significant delay for the case management conference scheduled for May 6, 2024.
Additionally, Miller contends that Hann misrepresented his capabilities by promising top-tier legal services while failing to deliver them. He also accuses Hann of taking large sums as non-refundable retainers without proper accounting and failing to acknowledge fraudulent billing practices by sub-counsel Harpul S Nahal.
As a result of these alleged failings and misconducts by James Hann and his law firm, Martin Miller seeks general damages amounting to $1 million along with pre-judgment and post-judgment interest and costs associated with the suit.
The case is presided over by Judge Takaichi under Case ID: 25CV464552. Martin B Miller is representing himself in this matter (in pro per), while P. Hernandez reviewed the filing at the Superior Court of California.