Court of Appeal of California, First District
24 Cal.Rptr.2d 52 (1993)
Attorney Linda Gonsalves (Gonsalves) executed a will for Dorothy Dvorak (Dvorak), which disinherited Dvorak’s closest relative, her niece, Dolores Picardo, and instead gifted her estate to a close friend. After Dvorak’s death, Picardo (plaintiff) filed suit against Gonsalves (defendant) for professional negligence, alleging that Dvorak lacked testamentary capacity to execute the will, that Gonsalves should have known that Dvorak lacked testamentary capacity, and that Gonsalves should have refused to execute Dvorak’s will. Gonsalves asserted that when she met with Dvorak to discuss the will, and again to execute the will, Dvorak was alert, coherent, and articulate. Gonsalves petitioned for summary judgment, arguing that she did not have reason to doubt Dvorak’s testamentary capacity, and that Gonsalves did not owe any duty to Picardo and therefore could not be liable for professional negligence. The lower court initially denied summary judgment, and Gonsalves petitioned the Court of Appeal for review. The lower court then issued an order granting summary judgment on behalf of Gonsalves.
Rule of Law
Holding and Reasoning (Perley, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.