Baum

Plaintiff Dwight J. Baum, as trustee for the Baum Trust, (Baum Trust) appeals a judgment dismissing his action for legal malpractice and breach of fiduciary duty against defendants and respondents Duckor, Spradling & Metzger, a law firm, and John W. Cutchin, an attorney (collectively Duckor Spradling), after the court sustained without leave to amend Duckor Spradling’s general demurrer. This action arose out of chapter 7 ( 11 U.S.C. § 701 et seq.) bankruptcy proceedings involving two bankrupt corporations: Braunstein International Corporation (BIC) and PRTC, Inc. (PRTC).

BIC and PRTC retained Duckor Spradling in connection with their financial restructure and bankruptcy proceedings. In its complaint, Baum Trust alleged Duckor Spradling, while representing these two corporations, also represented David Braunstein (Braunstein), the principal of BIC and PRTC. Baum Trust also alleged Duckor Spradling breached its fiduciary duties to BIC and PRTC, and committed legal malpractice by (among other things) providing dual legal representation in handling several transactions involving both BIC and Braunstein, as a result of which the assets of BIC and PRTC in the sum of at least…