Spirtos

MEMORANDUM *

Following a fire at Appellant Thelma Spirtos’ home, Appellants brought suit against Allstate and its coverage counsel claiming tortious conduct and breach of contract during the claims process. The extensive factual and procedural history in this matter are known to the parties and will not be further explored here.

*540 On appeal, Appellants challenge nearly every substantive decision made by the district court. Upon review, we find all .of Appellants’ arguments are without merit. The law firm of Berger Kahn and attorney Mosley were sham defendants because Appellants failed to allege viable claims against them. Roughly half of Appellants’ claims fail because Berger Kahn and Mosley were not parties to the insurance contract and did not owe any fiduciary duty to Appellants. See Henry v. Associated Indem. Corp., 217 Cal.App.3d 1405, 1418 , 266 Cal.Rptr. 578 (1990) (noting that California does not recognize fiduciary relationship between insured and insurer); see also Younan v. Equifax Inc., 111 Cal. App.3d 498, 516-17 , 169 Cal.Rptr. 478 (1980) (holding that a claim for constructive fraud requires existence of fiduciary relationship); Hatchwell v. Blue Shield of Cal.,…