Pavicich
Pavicich v. Santucci
Opinion
Opinion
Elia, J.
Appellant Anthony H. Santucci, an attorney, demurred to the complaints and cross-complaints of respondents Los Gatos Brewery Limited Partners, Andrew P. Pavicich, Jr., and Los Gatos Brewing Company, Inc. Among other things, Santucci alleged that respondents did not comply with Civil Code section 1714.10, concerning actions against an attorney for civil conspiracy. The trial court twice overruled Santucci’s demurrers as to the conspiracy causes of action. It found that section 1714.10 did not apply. We affirm.
Facts and Procedural Background
We treat as true the material allegations of respondents’ pleadings. (Mir-kin v. Wasserman (1993) 5 Cal.4th 1082, 1087 [ 23 Cal.Rptr.2d 101 , 858 P.2d 568 ].) Those allegations are as follows:
In June 1991, Robert Keller, Thomas Earle, Thomas Perrito and Martin Feldman formed a joint venture.. The joint venture was formed to develop a brewery and restaurant in Los Gatos, California.
In connection with the proposed development, the joint venturers created the Los Gatos Brewing Company, Inc. (the Corporation) but no stock was issued.
The joint venture tried to obtain a lease on a commercial site in downtown Los Gatos for the brew…