What is the test for a plaintiff to bring a cause of action against defendants' attorneys?

California, United States of America


The following excerpt is from Peterson v. Mabury Ranch Homeowners Ass'n, G044833 (Cal. App. 2012):

It is difficult to know where to begin, given the confusing and probably mistaken "Plaintiff and Plaintiff's Attorney" language in the first sentence, but we will take the leap of presuming this cause of action was intended to be against defendants' attorneys. An attorney's duty to his or her clients is one of "undivided loyalty," (Mason v. Levy & Van Bourg (1978) 77 Cal.App.3d 60, 66), but that duty does not extend to third parties or opposing parties. To the extent he argues defendants' attorneys gave them bad advice, he has no standing to assert such a claim. As such, his "professional negligence" claim must fail.

Other Questions


Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Can a defendant recover attorney fees from a plaintiff who voluntarily dismissed the declaratory relief cause of action along with the request for injunctive relief? (California, United States of America)
Can a plaintiff in an inverse condemnation action bring a claim against the state for the costs of defending the action? (California, United States of America)
Can a plaintiff bring a cause of action for breach of contract for common counts against the Defendant? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
When a plaintiff joins a separate cause of action for which attorney fees are permitted, can the prevailing party recover on the other side of the action? (California, United States of America)
In what circumstances will a plaintiff bring a new cause of action against a defendant after the statute of limitations expired? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.