Rios v. Holland
James C. Holland appeals from four orders relating to his special demurrer and motion to strike based upon Civil Code section 1714.10.[1] Section 1714.10 generally provides that a plaintiff cannot assert a civil conspiracy cause of action against an attorney unless the plaintiff first obtains an order from the trial court judge. In this case, the trial court concluded that the plaintiffs in this case, Juan A. Rios and Lupe M. Rios (the Rioses), did not have to obtain an order because the case was subject to an exception in section 1714.10, subdivision (c). The trial court concluded that the exception applied because Holland owed an independent legal duty to the Rioses. For the following reasons, Court affirm.
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