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VILLA PACIFIC BUILDING CO. v. SUPERIOR COURT

Docket No. B058832.

233 Cal.App.3d 8 (1991)

284 Cal. Rptr. 227

VILLA PACIFIC BUILDING COMPANY et al., Petitioners, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; PHILLIP HIMELSTEIN et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division One.

August 8, 1991.

Attorney(s) appearing for the Case

COUNSEL

Lebovits & David and Joseph J.M. Lange for Petitioners.

No appearance for Respondent.

Armato, Gaims, Weil, West & Epstein, Alan Jay Weil, Amy L. Rice, Munger, Tolles & Olson, Dennis E. Kinnaird, Bradley S. Phillips, Marc A. Becker, Cox, Castle & Nicholson and Lawrence Teplin for Real Parties in Interest.

OPINION

VOGEL, J.

Section 1714.10 of the Civil Code1 requires an order of court as a condition precedent to suit against an attorney alleging a civil conspiracy with the attorney's client. We hold that this requirement is not jurisdictional and that, absent timely objection to a complaint filed without permission of court, the protection conferred by section 1714.10 is waived.

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