Tushinsky

Rebecca Tushinsky appeals an order of dismissal in favor of Harlan Arnold following the sustaining of Arnold’s demurrer to Rebecca’s third amended complaint.

In her pleading, Rebecca alleged the following. Rebecca retained Arnold, an attorney, to represent her in various matters concerning her family. Rebecca advised Arnold that her 12-year-old daughter had told her that Joseph S. Tushinsky, Rebecca’s husband, the child’s father, had been sexually abusing the child over a period of 5 years. Rebecca advised Arnold that “in exercising his authority as her attorney,” he was to “do nothing which would result in [Joseph’s] being criminally prosecuted for the sexual abuse [Rebecca] believed was being imposed upon her child.” Rather, Arnold was to “ensure that [Joseph] would be psychiatrically treated and the matter would be handled in the [c]ivil [c]ourts only,” in conjunction with the dissolution action Rebecca requested Arnold file on her behalf.

Arnold, in disregard of these instructions, advised Rebecca to file a petition under the Domestic Violence Prevention Act (DVPA) (Code Civ. Proc., § 540 et seq.), knowing that the district attorney had “no choice” but to…