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Moncrief v. Clark

California Court of Appeals, Sixth District

July 21, 2015

PAUL W. MONCRIEF et al., Cross-Complainants and Appellants,
v.
A. JAMES CLARK et al., Cross-Defendants and Respondents.

Monterey County No. M116031 Superior Court The Honorable Kay T. Kingsley Trial Judge.

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COUNSEL

Attorneys for Cross-Complaints and Appellants Paul W. Moncrief et al. Hoge, Fenton, Jones & Appel, Inc. Alison P. Buchanan, Crystal N. Riggins.

Hoge, Fenton, Jones & Appel, Alison P. Buchanan and Crystal N.Riggins for Cross-complainants and Appellants.

Manning & Kass, Ellrod, Ramirez, Trester, Michael L. Smith and Patrick L. Hurley for Cross-defendants and Respondents.

OPINION

RUSHING, P. J.

Appellants are Paul W. Moncrief (Moncrief) et al., a California attorney and his firm, and respondents are A. James Clark (Clark) et al., an Arizona attorney and his firm.

Moncrief was sued for legal malpractice arising from a failed purchase of farm equipment. In response, Moncrief cross-claimed against Clark, the attorney who represented the farm equipment company, for misrepresentations he made in connection with the purchase.

Moncrief is appealing the trial court’s grant of Clark’s motion to quash service of summons and complaint for lack of personal jurisdiction.

Statement of the Facts and Case

Andrew Smith Company (Smith) is a California general partnership. In January 2010, Smith hired Moncrief to perform due diligence in connection with Smith’s purchase of farm equipment from Texas Hill Farms, located in Yuma, Arizona. Texas Hill Farms was represented by Clark, an Arizona attorney.

As part of his due diligence, Moncrief performed a Uniform Commercial Code search regarding Texas Hill Farms’ ...


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