Evans

Subdivision (a) of Civil Code section 1714.10 directs that “No cause of action against an attorney for a civil conspiracy” shall be filed until the trial court has made an evidence-based determination that “the party seeking to file the pleading has established that there is a reasonable probability that the party will prevail . . . .” The statute’s subdivision (c) provides that it “shall not apply” to situations where the attorney has an independent legal duty to the pleader or has violated a legal duty for the attorney’s financial gain.

Before us is the appeal of an attorney and his law firm that a conspiracy cause of action alleged against them does not establish either of section 1714.10, subdivision (c)’s exceptions and is therefore governed by subdivision (a). Concluding that appellants are largely correct, we reverse.

Background

The genesis of this dispute is the formation and capitalization of Sterling One, a limited partnership intended to be involved with air carrier service. Serebrodin, Inc., is Sterling’s general partner. Leland B. Evans and Ken Tran are limited partners in Sterling and are directors of Serebrodin. Sterling commenced operations on December…