Patel v. Simpson CA2/3
Defendant and appellant Keith F. Simpson (Simpson), an attorney, appeals an order overruling his demurrer to a second amended complaint filed by plaintiff and respondent Dalsukhbhai Patel (Patel). The basis of the demurrer was that Patel’s causes of action against Simpson for breach of contract, breach of the implied covenant of good faith and fair dealing, and breach of fiduciary duty were subject to the prefiling requirement of Civil Code section 1714.10 [attorney-client civil conspiracy claim] and that Patel’s failure to seek a prefiling order required dismissal.
We conclude section 1714.10, by its terms, is inapplicable to Patel’s claims against Simpson because Patel’s claims did not arise from an “attempt [by Simpson] to contest or compromise a claim or dispute.” (§ 1714.10, subd. (a); Stueve v. Berger Kahn (2013) 222 Cal.App.4th 327, 331–333 (Stueve).) Therefore, the order overruling Simpson’s demurrer is affirmed.
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