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3655 An action against an attorney and client for maliciously prosecuting a client's case is not an action for conspiracy between attorney and client unless specific allegations of conspiracy are made; a cause of action for conspiracy between attorney and client is subject to dismissal if it was filed without leave of the court having first been obtained, but other causes of action asserted in the complaint are not subject to dismissal for that reason; no prejudice to plaintiff results from dismissal of a cause of action for conspiracy that does not specify any recognizable tort other than a substantive tort pleaded in another cause of action in the same complaint.
ALDEN v MARCHINDIN (Conspiracy Dismissal) 110 CA4 1502 [See: CivC 1714.10; Westamco v Lee 69 CA4 481, T/AT 2/99]
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