PARRISH v. LATHAM & WATKINSAmicus Curiae, The Association of Southern California Defense Counsel, Notice of ErrataCal.May 19, 2016SUPREMF COURT COPY No. 8228277 SUPREMEse f rh In the Supreme Court FILED OF THE MAY 1 § 2016 State of California Frank A. McGuire Clerk Deputy WILLIAM PARRISH and E. TIMOTHY FITZGIBBONS Plaintiffs and Appellants, Vv. LATHAM & WATKINS LLP and DANIEL SCHECTER, Defendants and Respondents Review of a Decision by the Court ofAppeal Second Appellate District, Division Three No. B244841 NOTICE OF ERRATA TO AMICUS CURIAE BRIEF OF THE ASSOCIATION OFSOUTHERN CALIFORNIA DEFENSE COUNSEL IN SUPPORT OF RESPONDENTS BUCHALTER NEMERP.C. *Harry W.R. Chamberlain II (SBN 95780) Robert M. Dato (SBN 110408) 1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017 Telephone: (213) 891-0700 Facsimile: (213) 896-0400 Email: hchamberlain@buchalter.com Attorneysfor Amicus Curiae ASSOCIATION OF SOUTHERN CALIFORNIA DEFENSE COUNSEL No. 8228277 In the Supreme Court OF THE State of California WILLIAM PARRISHand E. TIMOTHY FITZGIBBONS Plaintiffs and Appellants, Vv. LATHAM & WATKINS LLP and DANIEL SCHECTER, Defendants and Respondents ERRATA TO AMICUS CURIAEBRIEF OF THE ASSOCIATION OF SOUTHERN CALIFORNIA DEFENSE COUNSEL IN SUPPORT OFRESPONDENT TO THE PARTIES AND THE COURT: The amicus curiae brief of the Association of Southern California Defense Counsel in support of respondents, filed with permission on May 17, 2016, in the last paragraph on Page 8 continuing to the top of Page 9, inaccurately quoted from Flores v. Presbyterian Intercommunity Hospital (May5, 2016, No. $209836) __ Cal.4th__, 2016 Cal. LEXIS 2561. The text ofthat paragraph, quoting Flores in proper context, should be corrected to read as follows: Asthis court recently noted in Flores v. Presbyterian Intercommunity Hospital (May 5, 2016, No. 8209836) ——-Cal.4th ——_, 2016 Cal. LEXIS 2561, the phrase “wrongful act or omission... arising in the performance of professional services” covers a broader range not limited to negligent acts; the court rejected the argument that section 340.6 applies to “all forms of attorney misconduct, except actual fraud, that occur during the attorneyclient- relationship or entail violation of a professional obligation. (Lee, supra, 61 Cal.4th at p. 1238.)” (Flores, supra, _—-Cal.4th__, 2016 Cal. LEXIS 2561 at p. *21, emphasis added.) But regardless of how the action is styled, “section 340.6(a) is properly read to apply to claims that ‘depend on proof that an attorney violated a professional obligation in the course of providing professionalservices.’ (Lee, supra, 61 Cal.4th at pp. 1236-1237.)” (/bid.) For comparison, a redlined version of the original text (with the corrected text highlighted in yellow) appears below: Asthis court recently noted in Flores v. Presbyterian Intercommunity Hospital (May 5, 2016, No. S209836) ——s- Cal.4th ss, 2016 Cal. LEXIS 2561, the phrase “wrongful act or omission ... arising in the performance of professional services” 4s covers a broader range notlimited to negligent acts; the court rejected the argumentthat section 340.6 mere-breadh-encempasses applies to “allforms ofattorney misconduct, except actual fraud, that occur during the attorney client-relationship or entail violation of a professional obligation. (Lee, supra, 61 Cal.4th at p. 1238.)” (Flores, supra, __ Cal.4th ___, 2016 Cal. LEXIS 2561 at p. *21, emphasis added.) But regardless of how theactionis styled, “section 340.6(a) is properly read to apply to claims that ‘dependon proofthat an attorney violated a professional obligation in the course of providing professional services.’ (Lee, supra, 61 Cal.4th-at-pp. 1236-1237.)”(Ibid.) Counsel for ASCDC regrets any inconvenience to the court and the parties resulting from the error and requests leave to file this ERRATA. Dated: May 18, 2016 Respectfully submitted, BUCHALTER NEMERP.C. Harry W.R. Chamberlain II Robert M. Dato By: ELEta Attorneysfor Amicus Curiae ASSOCIATION OF SOUTHERN CALIFORNIA DEFENSE COUNSEL PROOF OF SERVICE BY MAIL (State of California) I am over the age of 18 and not a party to the within action. I am employedin the County of Los Angeles, State of California with my office located at 1000 Wilshire Boulevard, Suite 1500, Los Angeles, CA 90017. Onthe date set forth below, I served the within document(s) entitled: NOTICE OF ERRATA TO AMICUS CURIAE BRIEF OF THE ASSOCIATION OF SOUTHERN CALIFORNIA DEFENSE COUNSELIN SUPPORT OF RESPONDENTS by placing a true and correct copy thereof in a sealed envelope addressed to the parties as follows: SEE ATTACHED SERVICE LIST By United States Postal Service. I am readily familiar with my firm’s practice for collecting and processing of correspondence for mailing with the United States Postal Service. In that practice correspondence would be deposited with the United States Postal Service that same day in the ordinary course of business, with the postage thereon fully prepaid, in Sacramento California. The envelope was placed for collection and mailing on this date following ordinary businesspractice. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 18th day of May 2016 at Los Angeles, California. KLEE HARRY W.R. CHAMBERLAIN II SERVICE LIST Parrish y. Latham & Watkins, LLP No. 8228277 Brian J. Panish Attorneysfor Plaintiffs/ Appellants Panish, Shea & Boyle LLP WILLIAM PARRISH and 11111 Santa Monica Boulevard E. TIMOTHY FITZGIBBONS Suite 700 . Los Angeles, CA 90025 Michael John Avenatti Eagan Avenatti LLP 520 Newport Center Drive Suite 1400 Newport Beach, CA 92660 Stuart B. Esner Esner, Chang & Boyer 234 East Colorado Boulevard Suite 750 Pasadena, CA 91101 J. Michael Hennigan Attorneysfor Defendants /Respondents Michael Swartz LATHAM & WATKINS, LLP and McKool Smith Hennigan,P.C. DANIEL SCHECTER 300 South Grand Avenue, Suite 2900 Los Angeles, CA 90071 Clerk of the Court of Appeal No. B244841 Second Appellate District Division 3 300 S. Spring Street Second Floor, North Tower Los Angeles, CA 90013 Executive Officer/Clerk Super. Ct. Case No. BC482394 Superior Court ofthe County of Los Angeles 111 North Hill Street Los Angeles, CA 90012 (For: Hon. James R. Dunn)