Granquist

In this legal malpractice action, the personal representative of the estate of Robert Badal (plaintiff) appeals from a judgment in favor of Attorney Daniel H. Sandberg (defendant) entered after defendant’s demurrer to plaintiff’s second amended complaint was sustained without leave to amend. We reverse.

A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff’s ability to prove those allegations. (Perdue v. Crocker National Bank (1985) 38 Cal.3d 913, 922 [ 216 Cal.Rptr. 345 , 702 P.2d 503 ].) The complaint must be liberally construed and given a reasonable interpretation, with a view to substantial justice between the parties. (Amarel v. Connell (1988) 202 Cal.App.3d 137, 140-141 [ 248 Cal.Rptr. 276 ].) We treat as true not only the complaint’s material factual allegations, but also facts which may be implied or inferred from those expressly alleged. (Id., at p. 141.)

In the second amended complaint, plaintiff alleged two causes of action. The first cause of action alleged that defendant negligently failed to set Mr. Badal’s lawsuit for trial under Code of Civil Procedure section 36, subdivision (a)…