Hung

This appeal arises from a dispute surrounding the windup and dissolution of a closely held accounting corporation. Hak Fu Hung, a shareholder of the corporation, filed a complaint alleging that respondent attorneys conspired with their clients, also shareholders of the corporation, to loot the corporate assets.

Hung appeals from a trial court order dismissing his complaint for failure to obtain court approval to file a complaint containing conspiracy allegations against attorneys as required by Civil Code section 1714.10. He raises three constitutional challenges to the validity of the statute. We conclude that only his argument that section 1714.10 violates the right to jury trial raises a substantial question.

In the published portion of this opinion, we conclude that section 1714.10, properly construed, does not require judicial factual determinations which infringe on the right to jury trial. We also hold that the statute does not offend the constitutional rights to due process and equal protection of the law. Having concluded that section 1714.10 is valid, we must also conclude that appellant was required to follow the petition procedure specified by the statute…