Hagan

Hagan v. Fairfield

Caution
1965 Cal. App. LEXIS 1131·238 Cal. App. 2d 197·47 Cal. Rptr. 600
Court of Appeal of CaliforniaNovember 18, 1965Civ. 27922California2,102 words

Opinion

Opinion

Ford, J.

This is an appeal from a judgment entered after the respondent Fairfield’s demurrer to the second amended complaint had been sustained without leave to amend.

The pertinent portions of the three causes of action alleged in the second amended complaint will be stated. In the first cause of action it was alleged that: 1. Joseph W. Fairfield is an attorney licensed to practice in all of the courts of the State of California. 2. In the years 1962 and 1963 the plaintiff Evert L. Hagan, in his personal capacity and as majority shareholder in Benedict Heights, Inc., a corporation, was maintaining and prosecuting a series of legal actions against the defendant Fairfield and other persons for the purpose of securing the return to the corporation of property claimed to have been taken from it. 3. The plaintiff Hagan hired Michael M. Pontecore (named as a defendant) as his agent, servant and employee to perform investigative work for him with respect to such actions and the relationship between them “was one of trust, confidence and secrecy relating to said litigation and to negotiations hereinafter mentioned.” 4. The plaintiff Hagan, in his personal capacity, was engaged in various real…

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