BLM

*827 Opinion

A developer appeals from a summary judgment entered against it in its action for damages against a law firm. We affirm.

Facts

In April 1989 plaintiff B.L.M., a general partnership, filed an action denominated a “Complaint for Legal Malpractice” against defendants Sabo & Deitsch, a professional corporation, and three individuals, Timothy Sabo, Stephen P. Deitsch, and Christine Youngs. The complaint alleged that in early 1987, B.L.M. had approached the city council, the redevelopment agency and the city staff of the City of Rialto (hereafter sometimes referred to collectively as Rialto) regarding a proposal to construct an apartment project for seniors, “seeking financial assistance in said construction through public financing.” As originally proposed, Rialto would have issued public financing and constructed the project. Under that proposal, construction of the project would have required public bidding as well as payment of prevailing wage. A draft agreement was prepared by Finer, Kim & Steams, the law firm representing B.L.M., calling for the payment of prevailing wage.

The complaint went on to allege that prior to formal consideration of the proposal by Rialto…

I respectfully dissent.

Unlike the majority, I believe that the complaint sufficiently pleads the elements of a cause of action for negligent misrepresentation. Since Sabo & Deitsch’s summary judgment motion does not establish that one or more of those elements cannot be proven, I submit that the motion was erroneously granted. Accordingly, I dissent from the majority’s conclusion that the judgment should be affirmed.

While the majority weaves together “various threads” (maj. opn., ante, at p. 840) in order to reach its conclusion, those disparate arguments tend to obscure the only two issues before us: whether the complaint pleads the elements of the tort of negligent misrepresentation, and if so, whether Sabo & Deitsch has established as a matter of law that one or more of those elements cannot be proven.

A. The Complaint Asserts a Claim for Damages for Negligent Misrepresentation.

There is no doubt that B.L.M. pleaded a cause of action for professional negligence. The question is, did it also plead facts sufficient to constitute each of the elements of another cause of action, for negligent misrepresentation?

Preliminarily, I note that the title of the complaint—“Complaint…

A developer appeals from a summary judgment entered against it in its action for damages against a law firm. We affirm.

In April 1989 plaintiff B.L.M., a general partnership, filed an action denominated a "Complaint for Legal Malpractice" against defendants Sabo & Deitsch, a professional corporation, and three individuals, Timothy Sabo, Stephen P. Deitsch, and Christine Youngs. The complaint alleged that in early 1987, B.L.M. had approached the city council, the redevelopment agency and the city staff of the City of Rialto (hereafter sometimes referred to collectively as Rialto) regarding a proposal to construct an apartment project for seniors, "seeking financial assistance in said construction through public financing." As originally proposed, Rialto would have issued public financing and constructed the project. Under that proposal, construction of the project would have required public bidding as well as payment of prevailing wage. A draft agreement was prepared by Finer, Kim & Stearns, the law firm representing B.L.M., calling for the payment of prevailing wage.

The complaint went on to allege that prior to formal consideration of the proposal by…