Does the doctrine of affirmative nondisclosure and concealment in an attorney malpractice action apply to a plaintiff in a civil case?

Jespersen v. ZubiateBeauchamp (2003) 114 Cal.App.4th 624, 7 Cal.Rptr.3d 715 does not aid appellant. In that attorney malpractice action, the conduct from which the action arose was the attorneys' failure to serve timely discovery responses, and failure to comply with two court orders; the alleged attorney malpractice did not consist of any act in furtherance of anyone's right of petition or free speech, but appellants' negligent failure to do so on behalf of their clients. (Id at p. 631, 7 Cal.Rptr.3d 715.) This differs from the allegations of respondent's affirmative nondisclosure and concealment for purposes of affecting settlement in our case.