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BORANIAN v. CLARK

No. B165402.

20 Cal.Rptr.3d 405 (2004)

123 Cal.App.4th 1012

Juanita BORANIAN et al., Plaintiffs and Respondents, v. Laurence E. CLARK, Defendant and Appellant.

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

November 1, 2004.

Attorney(s) appearing for the Case

Mazur & Mazur, Janice R. Mazur, El Cajon, and William E. Mazur, Jr., for Defendant and Appellant.

Law Offices of Tamila C. Jensen and Tamila C. Jensen, Granada Hills, for Plaintiffs and Respondents.

VOGEL, J.

Although a lawyer retained to provide testamentary legal services to a testator may also have a duty to act with due care for the interests of an intended third party beneficiary, the lawyer's primary duty is owed to his client and his primary obligation is to serve and carry out the client's intentions. Where, as here, there is a question about whether the third-party beneficiary was, in fact, the decedent's intended beneficiary, and the beneficiary...

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