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CONFIDENTIAL

Feb. 19, 2003

Corporations
Breach of Fiduciary Duty
Value of Property

Confidential

Bench Decision –  $44,209

Judge

Andria K. Richey

Court

L.A. Superior Central


Attorneys

Defendant

Michael G. Portner


Facts

The parties were each fifty percent shareholders of the legal corporation. On March 4, 1999, the plaintiff allegedly announced that he was leaving the practice and, according to the defendant, he took with him the majority of the active files. The defendant claimed at the time that he had abandoned the remaining case files and that he had saddled her with an outstanding line of credit, various expenses and the salaries of four employees. The defendant continued to operate the remaining cases and to service the obligations of the practice. Several months later, the plaintiff sued the defendant for one-half of the accounts receivables. The defendant cross-complained for the value of the assets and the income from the files taken by the plaintiff.

Other Information

The motion for a new trial by the plaintiff was denied.


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