McClintock v. West, No. G046483 (D4d3 Sept. 9, 2013)
During his divorce proceedings,
McClintock (a lawyer) checked himself into a mental institution. Finding him incompetent,
the court appointed West to act as McClintock’s guardian ad litem. West
proceeded to settle the divorce case in a manner that did not meet McClintock’s
approval. McClintock then sued West for breach of contract and various torts in
connection with her guardian ad litem duties and a fee application West filed
with the court seeking approval of her guardian fees. The trial court sustained
West’s demurrer, which the court of appeal affirmed, on the grounds that (a)
any causes of action arising from acts undertaken as a guardian ad litem are
barred under the absolute quasi-judicial immunity; (b) liability for filing the
fee petition was barred by the Civil Code § 47(b) litigation privilege; and (c)
because West was acting as a guardian and not as McClintock’s attorney, she
could not be held liable for professional malpractice.
Affirmed.
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