Charnay

Martha Chamay appeals from the judgment entered after the trial court sustained without leave to amend a demurrer filed by Chamay’s former attorney, Joseph M. Cobert, and his law firm, Joseph Cobert, a Professional Corporation (the Cobert firm), to Chamay’s fourth amended complaint for professional negligence/legal malpractice, breach of fiduciary duty, breach of contract, fraud and negligent misrepresentation. Because each cause of action is adequately pleaded, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

1. Chamay’s Dispute with Her Neighbors

In 1995 Chamay and her husband, David Chamay, purchased approximately two and one-half acres of a 60-acre tract in Calabasas subject to certain conditions, covenants and restrictions (CC&R’s). The tract had been subdivided in the 1980’s into four lots: three improved lots and one large 26-acre unimproved lot. Richard and Pamela Aronoff purchased the 26-acre unimproved lot in 1998. After land subsidence damaged a sloped portion of the tract directly impacting the Aronoffs’ lot and extending to the primary private road through the tract, the Aronoffs demanded each of the neighbors pay one-fourth of the $72,000 cost to repair the…