Alden v. Hindin

In Alden v. Hindin (2003) 110 Cal.App.4th 1502, the complaint alleged two causes of action, one for conspiracy against the attorney, and one for malicious prosecution. (Id. at p. 1504.) The trial court found both claims subject to a motion to strike under section 1714.10 because that section required approval to file a pleading containing a conspiracy claim. (110 Cal.App.4th at p. 1506.) Alden reversed because although the malicious prosecution cause of action was directed at both the defendant and her attorneys, it did not charge the attorneys with liability for conspiring with their client but, instead, alleged that the attorneys themselves had acted without probable cause and with malice in bringing suit against the plaintiff. (Ibid.) As explained in Alden, "noncompliance with section 1714.10, subdivision (a) would require dismissal of otherwise exempt causes of action for actual fraud , breach of fiduciary duty , or for that matter any other claims against the attorney , if a conspiracy cause of action subject to section 1714.10 were asserted along with them. There is no evidence that the drafters of section 1714.10 intended such a gratuitously destructive result, and the language of subdivision (b) clearly shows that they did not." (Id. at p. 1508.) As a result, although the conspiracy claim was properly stricken, because the malicious prosecution claim was not based on allegations of conspiracy, Alden held the trial court erred in dismissing that claim. (Ibid.)