Lynn

Petition for writ of mandate. Petitioners (defendants) seek review of an order granting summary adjudication in favor of real party in interest (plaintiff). The challenged order holds that defendants may be held vicariously liable for the alleged tortious conduct of their attorney who was retained to represent them in an unlawful detainer action. The underlying action was brought by plaintiff against defendants seeking to recover damages for an alleged wrongful eviction. Insofar as it states claims against defendants, the complaint appears to be predicated on theories of negligent and intentional infliction of emotional distress. Causes of action are alleged against defendants both for their own negligence and on the basis of vicarious liability. One of the issues in the case is whether, assuming defendants’ counsel in the unlawful detainer action is found to have acted unlawfully, that wrongful conduct can be imputed to defendants. We conclude the trial court erred in ruling in plaintiff’s favor on this issue. We shall therefore issue the writ.

The material facts are not in dispute. Plaintiff leased an apartment from defendants. Plaintiff’s fiance was also a tenant, and…