Tesoriero v. Eliaser
Plaintiff Rochelle Tesoriero (Tesoriero) appeals from summary judgment in favor of defendant James R. Eliaser (Eliaser) in her action for legal malpractice which arose out of Eliasers representation of Tesoriero in a marital dissolution action. She also challenges on appeal the trial courts sustaining of a demurrer, without leave to amend, as to her cause of action for breach of fiduciary duty. We conclude that the trial court properly granted summary judgment, because Tesoriero failed to raise a triable issue as to whether, but for Eliasers alleged negligence, Tesoriero would have achieved a more favorable result in the dissolution action. Court further conclude that Tesoriero did not, and cannot, plead a cause of action for breach of fiduciary duty. Therefore, Court affirm.
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