Alden

Plaintiff Nick A. Alden appeals from an order terminating his action for malicious prosecution and conspiracy, filed against Mary Jo Stirling and her attorneys, Tina S. Schuchman and her law corporation, and Robert Hindin and Bruce Abel and their firm Hindin & Abel, LLP (collectively H&A). The order sustained without leave to amend the attorney defendants’ demurrer to plaintiff’s complaint, based on failure to comply with the prefiling requirements of Civil Code section 1714.10 (section 1714.10), which apply to certain actions against an attorney for conspiracy with a client. The order also struck plaintiff’s amended complaint. We conclude that plaintiff’s malicious prosecution cause of action was not subject to section 1714.10, and that his failure to pursue the statute’s approval requirements before filing the complaint—assuming the conspiracy claim required he do so—did not authorize dismissal of the malicious prosecution cause of action. We accordingly reverse.

FACTS

The complaint alleged two causes of action, for malicious prosecution and “conspiracy.” The malicious prosecution cause was asserted against all defendants. It alleged that in 1992 Stirling, then…