Southland Mechanical Constructors Corp. v. Nixen

In Southland Mechanical Constructors Corp. v. Nixen (1981) 119 Cal.App.3d 417, the plaintiff, seeking to avoid application of section 340.6, argued that the section was limited to legal malpractice actions sounding in tort. Rejecting the argument that the phrase "wrongful act or omission" should be so limited, the court held that the modifying phrase "arising in the performance of professional services" made "clear that section 340.6 applies to legal malpractice actions against attorneys" and thus encompassed such claims based on breach of contract. (Southland, supra, 119 Cal.App.3d at p. 426.) To hold otherwise, the court concluded, would frustrate the legislative purpose of establishing a uniform statute of limitations for attorney malpractice. (Id. at p. 429 "Statutes should be construed with reference to the legislative object sought to be accomplished.".) The Southland court thus recognized that section 340.6 should be construed in the context to which it was intended to apply, namely attorney malpractice claims.