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Fuidge for Defendant and Respondent. This is a legal malpractice action in which the plaintiff-client appeals from a summary judgment granted the defendant-attorney. The factual narrative will possess heightened significance against a backdrop of general doctrine:. Hege v. Crist, Cal. Procedure Estate of Kruger, Cal. Western Harness Racing Assn. Adams, Cal. Hamm, 56 Cal. Quite without reference to the four basic elements of the traditional negligence analysis, a California appellate decision announced the following statement of essentials in the pleading and proof of legal malpractice: " 'First, that there existed the relationship of attorney and client; second, that in connection with such relationship advice was given; third, that he [the client] relied upon such advice and as a result thereof did things that he would not otherwise have done; fourth, that as a direct and proximate result of such advice and the doing of such acts, he suffered loss and was damaged thereby.
Wright, Cal. No specific ancestry was cited for the quoted statement. It seems to have been coined in the McGregor case. Relative to the element of reliance, the statement was dictum. A later dictum in Modica v. Crist, supra, Cal. Although embracing the McGregor formulation of specific malpractice essentials, the Modica case held that in legal malpractice suits negligence may be pleaded in general terms.
In this case the defense is that the client sought no advice from the attorney and was given none; by the client's express admission, she did not rely on the attorney, thus, that her alleged damage was not proximately caused by the attorney's cause of action. The facts are presented by summary judgment affidavits, which include extracts from depositions. There is no significant conflict in the evidence. The couple had three children. They lived in Gridley, where Mr.
Anders was a partner in a family trucking business. Domestic difficulties resulted in a separation, and Mrs. Anders moved to Sacramento where she secured employment.
She and her husband agreed upon a divorce and property settlement. She knew that she was entitled to one-half the marital property. Anders called upon defendant Robert Millington, a Gridley attorney who had for some time represented him and his trucking firm.