Harooni

BACKGROUND

A. Harooni’s Allegations Against Lin Harooni filed this action against Lin in February 2020. Later that year, she filed the operative first amended complaint, a form pleading asserting causes of action for breach of contract and negligence. In support of both causes of action, she alleged Lin represented her in a dental malpractice action, he “failed to retain an expert in a timely manner,” and, “[a]s a result of that failure, [he] failed to sufficiently address the Separate Statement of Facts in Dispute attached to Defendant’s Motion for Summary Judgment that should have been based on expert witness testimony.” Based on the parties’ briefing in connection with the motion for nonsuit, it appears Harooni lost the underlying dental malpractice case at the summary judgment stage, although she did not allege that in the first amended complaint and there is no evidence in the record before us confirming that. Lin filed an answer denying the allegations of the operative complaint. To add context that Harooni did not include in the first amended complaint, we note that she did not dispute during the litigation below and she does not dispute on appeal that Lin did

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