Silva

statement of facts in case No. E063116.

2 into a confidential settlement. (Siciliano v. Silva, supra, E063116.) On July 2, 2012,

Silva retained Siciliano for the limited purpose of resolving the default judgment in the AI

HOA action; however, AI HOA Investment, Inc. was unwilling to settle. (Siciliano v.

Silva, supra, E063116.)

B. The Present Action.

On October 23, 2013, Julian filed an action for declaratory relief against Silva and

Gilbert to resolve their dispute over entitlement to the settlement funds from the Julian

action, Julian v. Silva et al., Riverside County Superior Court case No. RIC1312188 (the

Silva action). (Siciliano v. Silva, supra, E063116.) On December 10, 2013, Silva filed a

verified cross-complaint, asserting causes of action for conspiracy, legal malpractice and

breach of fiduciary duty against Siciliano. Silva alleged that Siciliano had “advised

SILVA not to file a response to the AI HOA matter,” (original underlining) and that

“SILVA followed SICILIANO’s recommendation and as a direct and proximate result of

the carelessness of SICILIANO, SILVA suffered a Default Judgment” in “excess of

$500,000.00” in the AI HOA action. Silva further…