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BERG & BERG ENTER. v. SHERWOOD PARTNERS

No. H026821.

32 Cal.Rptr.3d 325 (2005)

131 Cal.App.4th 802

BERG & BERG ENTERPRISES, LLC, Plaintiff and Respondent, v. SHERWOOD PARTNERS, INC., et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

July 29, 2005.

Attorney(s) appearing for the Case

SulmeyerKupetz, Alan G. Tippie, Steven R. Wainess, Los Angeles, for Appellant Sherwood Partners, Inc.

Sedgwick, Detert, Moran, & Arnold, Randall A. Miller, Robert S. Silver, Bijan Esfandiari, SulmeyerKupetz, Hall R. Marston, Los Angeles, for Appellant SulmeyerKupetz.

Allen Matkins Leck Gamble & Mallory Robert R. Moore Michael J. Betz, San Francisco, for Respondent.

McADAMS, J.

In this aggressively litigated business dispute between a major creditor and the assignee for the benefit of creditors of a troubled company, the creditor moved to amend its complaint to name the assignee's attorney as a defendant and to add a cause of action against the attorney and the assignee alleging an attorney-client conspiracy to deplete the assets of the assignor corporation.

We face the question of whether California law allows this plaintiff...

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