KEN ROBERTS, Plaintiff and Appellant, v. BALL, HUNT, HART, BROWN & BAERWITZ et al., Defendants and Respondents, 57 Cal. App. 3d 104

Summary

Plaintiff, an individual creditor, loaned money to a business based on an opinion letter prepared by defendants, a law firm and one of its attorneys, that said the business was a general partnership. Defendants knew that business members had met and voted to dissolve, that some members believed themselves to be limited partners, and that others believed the business had been incorporated to limit their personal liability. Plaintiff lent money to the business in reliance on the letter and was not repaid. The complaint alleged that defendants were liable for fraud and negligent misrepresentation. The superior court sustained defendants' demurrers on both claims and plaintiff appealed. The court explained that although attorneys were not generally liable to third parties not their clients, attorneys were liable for conspiracy, intentional torts, and in some circumstances, negligent misrepresentation. The court held that plaintiff's failure to allege intentional conduct meant that ...