· 7/29/2005
Berg & Berg Enterprises, LLC v. Sherwood Partners, Inc.
Citations
- 32 Cal. Rptr. 3d 325
- 131 Cal. App. 4th 802
- 2005 Cal. Daily Op. Serv. 6752
- 2005 Daily Journal DAR 9234
- 2005 Cal. App. LEXIS 1193
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that under a California statute, a creditor could not bring an action against the debtor company's attorney for conspiring to waste the company's assets through legal fees to resist involuntary bankruptcy because the attorney had no fiduciary duty to the creditor
- concluding that under a California statute, a creditor could not bring an action against the debtor company's attorney for conspiring to waste the company's assets through legal fees to resist involuntary bankruptcy because the attorney had no fiduciary duty to the creditor
- noting that the agency immunity rule protects employees and agents of a principal against the imposition of vicarious liability for aiding and abetting or conspiracy
- “civil liability for aiding and abetting the 21 commission of a tort . . . has no overlaid requirement of an independent duty”
- “Despite some conceptual similarities, civil liability for aiding and abetting the commission of a tort, which has no overlaid requirement of an independent duty, differs fundamentally from liability based on conspiracy to commit a tort.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McADAMS
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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