Thakar

INTRODUCTION

In this appeal we consider the judgment entered in favor of defendant Robert Conti after the trial court sustained without leave to amend Conti‟s demurrer to plaintiff Chetan Thakar‟s complaint. We conclude that the trial court erred by sustaining Conti‟s special demurrer based on Thakar‟s failure to obtain leave of court before bringing claims against Conti, an attorney, based on allegations of his participation in a civil conspiracy. (Civ. Code, § 1714.10.) We consider, however, whether the complaint was subject to the sustaining of a general demurrer for failure to state a cause of action, and conclude that numerous causes of action, though not all, were fatally defective. We reverse the judgment of dismissal in favor of Conti and remand the matter to the trial court for further proceedings consistent with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff and appellant Chetan Thakar filed an unverified complaint in the underlying action on May 6, 2011. Therein, he alleged that in 1998, defendants Drs. Martin Gizzi and Subramanian Hariharan (sometimes referred to as Harry) wrongfully terminated him from a hospital residency program (“JFK”) in New Jersey.1…