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Breach of Fiduciary Duty
Promissory Estoppel
Accounting

Drew Fenton, M.D., Klaus Wagener, M.D., v. Unihealth America, Inc., et al.

Published: Sep. 7, 1996 | Result Date: May 21, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC123041 –  $0

Judge

Richard G. Kolostian

Richard G. Kolostian

Court

L.A. Superior Central


Attorneys

Plaintiff

Robert S. Gerstein

James M. Fizzolio

James M. Fizzolio

Robert S. Gerstein


Defendant

Gordon N. Kojima

Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)

Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)


Experts

Plaintiff

Arthur Sayles
(technical)

Jennifer L. Polhemus
(technical)

Steven Culp
(technical)

Jennifer L. Polhemus
(technical)

Defendant

Barry R. Gumerove
(technical)

Facts

The plaintiffs, Drew Fenton, M.D. and Klaus Wagener, M.D. were emergency room physicians who contracted with California Emergency Medicine Specialists Medical Group, Inc. (CEMS) to provide clinical services at California Medical Center. In the fall of 1992, the plaintiffs and Alan Hailpern, M.D. entered into negotiations concerning the potential formation of a partnership or corporation. When the negotiations broke down, Dr. Wagener allegedly withheld his schedule request and lobbied the other physicians to do the same until a satisfactory proposal was offered. When this did not occur, Dr. Wagener decided to work elsewhere and claimed that he was constructively discharged. Per the defendants, Dr. Fenton sent Dr. Hailpern written notice, terminating his agreement with CEMS and Dr. Hailpern. Due to concerns about his alleged unreliability, Dr. Fenton was not scheduled to work clinical shifts after January 1994. The plaintiffs brought this action against the defendants based on breach of contract (promissory estoppel), accounting, breach of fiduciary duty, wrongful discharge in violation of public policy and due process (arising out of the contention that they were offered partnership status and a percentage of profits, neither of which were given to them.

Settlement Discussions

No settlement demands or offers were ever exchanged.

Damages

The plaintiffs claimed damages pursuant to an accounting in an unspecified amount.

Other Information

The verdict was reached approximately _______ years and _______ after the case was filed. A settlement conference/arbitration/mediation was held on _____/_____/19___ before ___________________ (name) of ___________________ (affiliation or court) resulting in _____________________.

Length

4 days


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