Haldane v. Freedman

LILLIE, J.

Plaintiffs—minors, by their guardian

ad litem,

declined to amend their complaint within the time allowed after a demurrer thereto had been sustained; according to the caption of the pleading, the action is for damages for “Malpractice, Wilful and Malicious Injury to Plaintiffs’ Property Interests.” Judgment of dismissal was thereupon entered, and plaintiffs have appealed.

The principal defendants are certain attorneys in Los An. geles and elsewhere in California. The demurrer in question was interposed by Mr. Freedman only—it does not appear that the remaining defendants ever appeared, including the plaintiffs’ mother who was joined as a defendant in view of her asserted refusal to join as plaintiff (Code Civ. Proc., § 376).

As indicated by the allegations of the complaint, the background of the litigation is briefly as follows: Mrs. Haldane secured an interlocutory decree of divorce from the plaintiffs’ father;. she was then represented by one of the defendant attorneys. Mr. Freedman was subsequently substituted as

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counsel for Mrs. Haldane and, it is claimed, thereafter conspired with other defendant attorneys to obtain, by fraudulent means, an “invalid” order for Haldane’s imprisonment. As a result of such order, Haldane was confined to jail for three days “in flagrant violation of §§ 236 and 237 of the Penal Code” (relating to false imprisonment).

Coming now to the apparent

gravamen

of the complaint, two theories are advanced. By reason of certain fraudulent and negligent conduct on the part of the defendant attorneys, it is claimed that Mrs. Haldane’s estate is being wasted and that plaintiffs, as her lawful heirs, are being deprived of their inheritance. Also, and assertedly due to Haldane’s imprisonment, it is alleged that plaintiffs (as well as their mother) were deprived of his support and society. The nature of defendants’ fraudulent conduct is not specified. Thus, and with respect to the waste committed against Mrs. Haldane’s estate, it is alleged that “none of the defendants discharged an attorney’s fiduciary duty toward plaintiffs’ mother; as a direct result of said fraudulent advice and unskilled attention to their client’s affairs, plaintiffs’ mother’s estate has been gutted, despoiled, scattered and dissipated from approximately $30,000 to the point of insolvency”—it is also alleged that Mrs. Haldane is past 50 years of age, possesses no special skills and is virtually unemployable, which circumstances were known or should have been known by the defendants. With respect to plaintiffs’ deprivation of their rights as heirs, it is simply averred that the employment of defendants in combination contributed “to the destruction of the estate these minors would reasonably expect to inherit from their parents.” Respondent maintains that the foregoing allegations of fraud do not measure up to the rule “requiring specific language descriptive of the acts relied upon to constitute fraud.”