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AUSTIN v. SUPERIOR COURT

No. G024438.

85 Cal.Rptr.2d 644 (1999)

72 Cal.App.4th 1126

Bessie AUSTIN et al., Petitioners, v. The SUPERIOR COURT of Orange County, Respondent; Chambers, Noronha & Lowry et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 9, 1999.

Attorney(s) appearing for the Case

Smith, Smith and Harter, and E. Gary Smith, Santa Ana, for Petitioners.

No appearance for Respondent.

Beam, Brobeck & West, Byron J. Beam and Barbara J. Salvini, Chambers, Noronha & Lowry, and Jeffrey Lowry, Anderson & Anderson, and Martin W. Anderson, Peter A. Noronha, and Gary L. Chambers, Santa Ana, for Real Parties in Interest.

OPINION

RYLAARSDAM, J.

We follow now-well-established precedent holding that a lawyer sued by a former client for legal malpractice may not cross-complain against plaintiffs present lawyer for indemnity or contribution. Because our previous decision in a malicious prosecution case was misinterpreted as permitting such a cross-complaint, we publish this decision.

FACTS

Plaintiff Bessie Austin, represented by Smith, Smith & Harter, LLP...

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