Plaintiff sought review of the judgment of the Superior Court of Los Angeles County, (California), which granted defendant agent's demurrers, on plaintiff's first and third amended complaints. Plaintiff had filed causes of action for breach of fiduciary duty, fraud, breach of contract, legal malpractice and declaratory relief.
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Plaintiff sought review of the order of dismissal of his action against defendant agent. The trial court had sustained defendant's demurrer to plaintiff's claims of fraud, reasonable value of services, and request for declaratory relief. Plaintiff contended the trial court erred in sustaining defendant's demurrers to the first and third amended complaints, which included causes of action for breach of fiduciary duty, fraud, breach of contract, legal malpractice and declaratory relief. The court concluded that plaintiff had adequately stated a claim for declaratory relief as to his right to indemnity. The court held that the trial court correctly held that plaintiff was unable to state causes of action for breach of contract and legal malpractice. The court concluded, however, that plaintiff had adequately stated causes of action for breach of fiduciary duty, and fraud.
The court reversed the judgment of the trial court, because plaintiff had adequately stated causes of action for breach of fiduciary duty, fraud, and declaratory relief. The court concluded that plaintiff was unable to state cause of action for breach of contract or legal malpractice.
