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Contracts
Breach of Fiduciary Duty
Professional Negligence

David Bergstein, an individual; Graybox, LLC, a Nevada limited liability company v. Teri Zimon, an individual, and Does 1 through 50, inclusive

Published: Oct. 27, 2012 | Result Date: Aug. 30, 2012 | Filing Date: Jan. 1, 1900 |

Case number: BC468499 Summary Judgment –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

Eric J. Bakewell
(Willkie Farr & Gallagher LLP)

Alex Weingarten
(Wilkie Farr)

Leslie A. Eggers


Defendant

Marc S. Ehrlich
(Winget Spadafora Schwartzberg)

Brandon S. Reif
(Reif Law Group PC)

Rebecca E. Maclaren
(Reif Law Group PC)


Facts

Plaintiffs sued Defendant, their former attorney, alleging Defendant breached her fiduciary duty and aided and abetted a breach of fiduciary duty by another former plaintiffs' attorney. Plaintiffs alleged that Defendant provided negative information about Plaintiffs to journalists; stole Plaintiffs' corporate records; participated in the solicitation of potential creditors of entities affiliated with Plaintiffs; and failed to disclose her colleague's work with Plaintiffs' adversaries, including the colleague's sharing of privileged and confidential information and the colleague's work on litigation against Plaintiffs and their affiliated entities. Defendant moved for summary judgment on the grounds that Plaintiffs filed their claims after the statute of limitations expired.

Result

Defendant's summary judgment motion granted.


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