Manuel Rosales has filed a legal malpractice lawsuit that could potentially shake the foundations of two law offices. On April 30, 2025, Rosales lodged his complaint in the Superior Court of California, County of San Francisco, against the Law Offices of Fernando Hildago, Inc., Fernando Hildago individually, and J.G. Winter doing business as Law Offices of J.G. Winter.
The lawsuit stems from alleged negligence by both law firms in handling Rosales' claim for compensable industrial injuries sustained on July 15, 2023. According to the complaint, Rosales retained the services of Fernando Hildago on June 8, 2024, to file and prosecute his claim. However, it is alleged that Hildago failed to file a Petition for Serious and Willful Misconduct within the statutory one-year period following the injury date. This failure was compounded by not informing Rosales about his rights or the statute of limitations concerning such a petition. "Plaintiff is informed and believes... that had defendants exercised reasonable care... plaintiff would have received or be entitled to an award," reads part of the filing.
Rosales also claims that he sought representation from J.G. Winter before March 5, 2024, but was informed through a letter on that date that Winter's firm would not represent him. Crucially, this communication did not inform Rosales about his right to file a Petition for Serious and Willful Misconduct or its one-year statute of limitations. The complaint asserts that both defendants breached their duty to notify clients about legal problems outside their scope and explain related claims in other areas.
As a result of these alleged oversights by both law firms, Rosales claims he lost any chance for compensation under a Petition for Serious and Willful Misconduct—damages he estimates at $6 million. The lawsuit seeks this amount in damages along with costs incurred during litigation and any other relief deemed appropriate by the court.
Representing Manuel Rosales are attorneys Jeffrey I. Fettner and Thomas H. LemMon from Fettner & LemMon, Inc., based in Oakland, California. The case is being heard under Case ID CGC-25-624885 in front of judges at the Superior Court of California.