Thompson

Plaintiff/appellant Willie Thompson, a minor, by and through his guardian ad litem Patricia Thompson, appeals a summary judgment in favor of defendants/respondents Paul N. Halvonik, Halvonik & Halvonik, Fred J. Hiestand, and Deborah Hinkel Halvonik in his action for legal malpractice. He principally contends there are triable issues of fact as to whether respondents failed to prosecute his underlying medical malpractice action diligently and whether, as a result, his settlement of the medical malpractice action was less favorable than it would have been with diligent prosecution. He also contends the trial court erroneously sustained without leave to amend respondents’ demurrer to his causes of action for intentional and negligent misrepresentation, and fraudulent concealment. We affirm.

Facts

The following facts are undisputed. Appellant was bom at Vesper Memorial Hospital, San Leandro, on November 5,1982. While still in tibe hospital he became infected with citrobacter diversus. As a result, he developed meningitis, which in turn caused severe mental retardation, seizure disorder, and shunt dependency.

In June 1987 appellant’s mother, Patricia Thompson, met with…