Westamco Investment Co. v. Lee
Opinion
Lead Opinion
Vogel, J.
Introduction
Appellants appeal from a denial of their motion to strike the complaint based on respondents’ failure to comply with Civil Code section 1714.10. 1 We affirm.
*483 Factual Background
Overview of the Case
Respondents Westamco Investment Company, Southwest Capital Investment, and Sherman Gardner (collectively, Westamco) filed a malicious prosecution action against appellants Jang W. Lee and J. W. Lee & Associates (collectively, Lee), and the Bank of Seoul. Lee responded to the complaint by filing a motion to dismiss based on Westamco’s failure to comply with the provisions of section 1714.10. That statute requires a party to petition for a judicial determination of a reasonable probability of prevailing as a condition precedent to filing an action against an attorney for conspiring with his or her client based on the attorney’s representation of the client. It is undisputed that Westamco did not petition for such a determination. However, before considering the application of section 1714.10 to this matter, we must first review the underlying circumstance that spawned Westamco’s malicious prosecution action.