Diemer

This appeal is from the judgment of dismissal in favor of the respondent entered on July 25, 1996, following the trial court’s order sustaining a demurrer without leave to amend. We affirm.

A. Factual and Procedural Background

Writer-producer Jeff Franklin (hereinafter Franklin) hired appellant Major Clients Agency (hereinafter Major Clients) as his agent, to negotiate a contract between himself as writer-producer and Lorimar Productions, Inc. (hereinafter Lorimar). Franklin also hired an attorney, respondent John Diemer (hereinafter Diemer). Diemer was not hired as Major Clients’ attorney. Major Clients and Diemer were both involved in the contract negotiations. The contract that was negotiated contained a commission agreement between Major Clients and Franklin, which was based upon revenue to be received by Franklin pursuant to the contract. Major Clients’ two shareholder principals included Richard Weston, an attorney and former president of Paramount Television.

The contract between Franklin and Lorimar was negotiated in 1988 and again in 1990 and contained the provisions that (1) Franklin was entitled to certain financial benefits from the television series which…