Bursak

Civil Code section 1714.10 places limitations on a party’s right to sue an attorney for conspiring with his or her client. Section 1714.10, subdivision (a) imposes a prefiling court-approval requirement on suits of that nature. Section 1714.10, subdivision (b) provides that the failure to obtain the court approval required in subdivision (a) is a “defense” to the action. Section 1714.10, subdivision (c) sets out two statutory exceptions to the prefiling requirement. Central Concrete Supply Co., Inc. (respondent), filed a complaint alleging that Michael Bursak (appellant), an attorney, conspired with his client to defraud respondent. Appellant successfully challenged the complaint on the basis that it failed to allege compliance with the prefiling requirement, or to allege an applicable statutory exception. Over appellant’s objection, the court then granted respondent leave to amend the complaint to remedy the pleading defect(s). Appellant contends section 1714.10, subdivision (b), bars a trial court from granting leave to amend in these circumstances. We disagree and affirm.

FACTS

In December 2003, respondent filed an action, Central Concrete Supply Co., Inc. v.…