This opinion has not been certified for publication or ordered published for purposes of rule 8. 1115. COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA CYNTHIA KAISER, Plaintiff and Appellant, v. SEAN DANIEL SIMPSON et al. , Defendants and Respondents. Cynthia Kaiser appeals a judgment after a jury found against her in this action for professional negligence against her former law firm, Simpson & Brenner, LLP, and its attorneys. On September 27, 2002, Kaiser retained Simpson & Brenner to prosecute a third-party liability claim against Palomar. In this appeal, Kaiser contends the trial court abused its discretion and violated its prior in limine ruling by allowing expert King to testify that Simpson & Brenner did not violate the standard of care in failing to seek leave to file a late claim because the initial six-month statute of limitations had expired by the time Kaiser retained Simpson & Brenner and therefore, the case was "dead on arrival. "Kaiser nonetheless points out that King repeatedly testified that her case was "dead on arrival" at Simpson & Brenner's office, and that, by the time she brought her case to Simpson & Brenner, her rights were "set in stone" because of her failure to act diligently.

Download full case here.