California Court of Appeal

In enforcement action against defendants for failing to comply with judgment that required cleanup of contaminated debris that they had dumped on plaintiff-neighbors' property, motion granting plaintiffs' request to add defendants' attorneys as additional defendants is affirmed, where: 1) the trial court did not abuse its discretion in allowing the amendment because the amended complaint alleges that attorney-defendants violated two independent legal duties owed to plaintiffs, a duty not to engage in affirmative misconduct that would interfere with the remediation of the contaminated debris, and a duty to disburse the funds from their trust account in a fair manner; 2) the claims are not barred by the litigation privilege; and 3) the assertions of the conspiracy claims do not violate the attorney-client privilege.

Appellate Information

• Decided 01/16/2013
• Published 01/16/2013

Judges

• MALLANO

Court

• California Court of Appeal

Counsel