Guardian ad litems, conservators, and possibly trustees and attorneys . . . quasi-judicial immunity and litigation privilege protections

McClintock v. West (California Court of Appeal, Fourth Appellate District, Case No. G046483, September 9, 2013)

I’m not going to discuss the facts and holding in McClintock v. West in detail; however, the case and the citations in the case could be important to court appointed or approved fiduciaries (guardian ad litems, conservators, and possibly trustees and attorneys) if they are sued for breach of duty or malpractice. McClintock v. West holds that a guardian ad litem appointed by the court (and subject to court review) enjoys the advantages and defenses of quasi-judicial immunity and the litigation privilege. McClintock v. West also discusses in dicta, with case citations, that the same or similar protections may also be enjoyed by other court appointed or approved fiduciaries including conservators and possibly trustees and attorneys. McClintock v. West is a good defense case to keep in mind.

Dave Tate, Esq. (San Francisco)

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