Attorney , Esq.
Lawzilla References
Lost Medical Malpractice Lawsuit
Then Failed to Appeal From the Right Order so the Appeal Was Dismissed
Previously Suspended from Practicing Law:
- Wrote Personal Checks From Client Trust Fund
- Bounced Checks
- Lied to State Bar Investigator
Torres v University of California Los Angeles County Superior Court Case Number SC123494.
From the court of appeals opinion and online case records it is Lawzilla's understanding the following occurred:
Attorney Hoyt Hart is listed as the lead attorney representing the plaintiffs in a medical malpractice case.
Mr. Hart is also listed as the lead attorney for the appeal.
During the lawsuit attorney Hart filed a fourth amended complaint.
The complaint alleged claims against two defendants: Sarkies and Paulsen.
On August 29th the judge granted summary judgment for Sarkies and a final judgment was made on September 29th.
The case against Paulsen went to trial.
On September 25th the jury found in favor of Paulsen and a final judgment was made on October 17th.
On December 19th plaintiff's attorneys filed a notice of appeal "from the Judgment on Special Verdict, October 17".
The deadline to file an appeal is 60 days.
Plaintiffs settled with Paulsen.
As to Sarkies the court of appeal ruled there was only an appeal from the Paulsen judgment because the appeal was from the October 17th jury verdict for Paulsen.
Since there was no appeal of the Sarkies judgment, and the time to make an appeal had expired, the appeal was dismissed.
Lawzilla Opinion and Review
Seems like legal malpractice botching the appeal.
Of course, we don't know if the appeal would have been successful if it had been allowed.
Hoyt Hart was on a 4th amended complaint.
He lost a summary judgment motion against one defendant.
He lost at trial against another defendant.
It's just one case, and attorney Hoyt could have obtained big settlements from other defendants, but from what the court of appeals wrote it is something to consider when hiring an attorney.
Details
was admitted to the California Bar in 1986. Bar Number 125088.
PO Box 675670
Rancho Santa Fe, California 92067
Law School: University of San Diego
Attorney Hoyt Hart was previously suspended from the practice of law by the California State Bar.
He wrote personal checks from his client trust fund.
He bounded checks.
He lied to a State Bar investigator about the checks.
