Carden

I fully concur in the above opinion, but submit this additional opinion in order to express the following thoughts, which need to be expressed.

If the allegations in the complaint are true the respondent manufactured false evidence which was used to compel the payment of an excessive settlement by the appellant in the underlying dissolution action. The false evidence was used first during the settlement phase of the action, and again during the trial.

If the allegations are true the respondent testified that “he had made an appraisal of [appellant’s] anesthesiology practice based upon an examination of the practice and a comparison of the evaluation of the goodwill of the practice to that of three other comparable anesthesiology medical practices.”

The respondent could not have conducted such an examination and comparison because, in fact, (1) the three other purported anesthesiologists with purportedly comparable practices did not even exist in the State of Cali *917 fomia, and (2) appellant’s practice had no goodwill since he practiced as a staff member in a rotation group and had no patients of his own.

Our opinion in this case, in which I join under the compulsion of stare…

Plaintiff Edward D. Carden, M.D., appeals from the dismissal of his second amended complaint without leave to amend.

Appellant’s second amended complaint alleged abuse of process, intentional infliction of emotional distress, and negligent infliction of emotional distress, all related to allegations that respondent 1 had manufactured false evidence as an expert accounting witness for appellant’s former wife in a dissolution action.

The Second Amended Complaint

Appellant, an anesthesiologist, was involved in dissolution proceedings with his wife. Respondent prepared a medical practice valuation of appellant’s anesthesiology practice to be used in the negotiation of a settlement agreement. Respondent purported to have examined appellant’s anesthesiology practice to determine the goodwill therein and to have compared the evaluation of the goodwill found in appellant’s practice to that of “other similar practices” that had also been examined by respondent. Appellant alleges that those representations were false and that no evaluation was made of appellant’s anesthesiology practice and no comparison was made. If respondent had made such evaluations and comparisons, “they…

Plaintiff Edward D. Carden, M.D., appeals from the dismissal of his second amended complaint without leave to amend.

Appellant's second amended complaint alleged abuse of process, intentional infliction of emotional distress, and negligent infliction of emotional distress, all related to allegations that respondent [1] had manufactured false evidence as an expert accounting witness for appellant's former wife in a dissolution action. [2]

Appellant, an anesthesiologist, was involved in dissolution proceedings with his wife. Respondent prepared a medical practice valuation of appellant's anesthesiology practice to be used in the negotiation of a settlement agreement. Respondent purported to have examined appellant's anesthesiology practice to determine the goodwill therein and to have compared the evaluation of the goodwill found in appellant's practice to that of "other similar practices" that had also been examined by respondent. Appellant alleges that those representations were false and that no evaluation was made of appellant's anesthesiology practice and no comparison was made. If respondent had made such evaluations and comparisons, "they would have…