Defendants’ Demurrer to Plaintiff’s First Amended Complaint SUSTAINED in full, with leave to amend. The demurrer to the clams of David Taran (“Taran”) is sustained with leave to amend. The demurrer to the cause of action for breach of fiduciary duty is likewise sustained with leave to amend.
Claims of Plaintiff David Taran
Defendants argue that they owed no duty to David Taran (“Taran”) because he was not their client and never entered into a contractual relationship with them.
Generally, attorneys in California owe no duty of care to non-clients with whom they are not in privity. Borisoff v. Taylor & Faust (2004) 33 Cal.4th 523, 529.
Plaintiffs argue that there is an attorney-client relationship with Taran but the agreements attached to the complaint all show that Taran signed only for Plaintiff Wholistic Investments, LLC (“Wholistic”) and that Wholistic was the only client. They are very clear about that. Plaintiffs are correct that other facts and circumstances may potentially suppo
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Defendants’ Demurrer to Plaintiff’s First Amended Complaint SUSTAINED in full, with leave to amend. The demurrer to the clams of David Taran (“Taran”) is sustained with leave to amend. The demurrer to the cause of action for breach of fiduciary duty is likewise sustained with leave to amend.
Claims of Plaintiff David Taran
Defendants argue that they owed no duty to David Taran (“Taran”) because he was not their client and never entered into a contractual relationship with them.
Generally, attorneys in California owe no duty of care to non-clients with whom they are not in privity. Borisoff v. Taylor & Faust (2004) 33 Cal.4th 523, 529.
Plaintiffs argue that there is an attorney-client relationship with Taran but the agreements attached to the complaint all show that Taran signed only for Plaintiff Wholistic Investments, LLC (“Wholistic”) and that Wholistic was the only client. They are very clear about that. Plaintiffs are correct that other facts and circumstances may potentially suppo