Garcia

This appeal is from the judgment in favor of respondent attorney in an action for legal malpractice, entered pursuant to an order by the trial court granting his motion for summary judgment.

Appellants are Vernon J. Garcia, the only surviving child of Joseph Garcia, deceased, and Michael and Scott Garcia, grandsons of the decedent.

Respondent, Frank P. Borelli, Jr., acting in his professional capacity, drafted the last will and testament of decedent and served as attorney for the coexecutors of his estate following decedent’s death on January 14, 1977.

Appellants, as legatees under this will, alleged negligent failure on the part of respondent in failing to fulfill decedent’s testamentary directions prior to his death and in breaching respondent’s fiduciary duty to them in his later capacity as estate attorney.

Respondent sought and obtained the order for summary judgment on the ground that a judgment had been entered pursuant to stipulation between appellants and the surviving spouse of decedent in a Probate Code section 1080 proceeding, which operated as a bar to appellants’ claim for damages in the case at bench by virtue of the doctrine of collateral…