Appellant taxpayer sought review of the decision of the Superior Court of Marin County (California) that dismissed his cross complaint against respondent accountant for negligently preparing his income tax return.
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Respondent accountant filed suit against appellant taxpayer for services rendered and accounts stated. Appellant filed a cross complaint alleging that respondent negligently prepared appellant’s tax returns. The court dismissed appellant’s cross complaint as not timely filed but the court reversed. The court found that the cross-complaint and counterclaim were defective in that they did not show when appellant discovered or with reasonable diligence should have discovered the negligent act. The court found that appellant should have been given the opportunity to do so.
The court reversed, in part, that portion of the lower court judgment that dismissed appellant taxpayer’s cross complaint against respondent accountant for negligently preparing his income tax return.