Ricard
Ricard v. Grobstein, Goldman, Stevenson, Siegel, LeVine & Mangel
Opinion
Opinion
Gates, J.
Paul A. Ricard, June Ricard, Glenn Ricard, Gary M. Ricard, Ronald J. Ricard, and Paul A. Ricard & Sons, Inc., appeal from the dismissal of their action for conspiracy to commit fraud and breach of fiduciary duty. The trial court sustained the defendants’ demurrer since it had denied appellants’ request to add the identical claim to their complaint in a prior action against the same defendants. Appellants contend:
In a separate action filed February 17, 1989 (Paul A. Ricard et al. v. Grobstein, Goldman, Stevenson, Siegel, LeVine & Mangel et al. (Super. Ct. L.A. County, No. WEC 133792)), appellants sought damages against respondents for malpractice, negligent misrepresentation, fraud, negligent infliction of emotional distress, and intentional infliction of emotional distress. The suit was filed in the Western District of the Los Angeles County Superior Court. On August 21, 1989, that court struck a malice allegation from appellants’ original complaint, noting in its minute order, “paragraph 27 is conclusionary and insufficient for punitive damages.”
Appellants filed a first amended complaint, again seeking punitive damages. Upon respondents’ second motion to strike, the…