ENEA v. SUPERIOR COURT

No. H027511.

34 Cal.Rptr.3d 513 (2005)

132 Cal.App.4th 1559

Benny ENEA, Petitioner, v. The SUPERIOR COURT of Monterey County, Respondent; 3-D, et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

September 30, 2005.


Attorney(s) appearing for the Case

Jeanine Grimmond Strong, Carmel, for Petitioner Benny Enea.

Daniels, Fine, Israel & Schonobuch LLP, Timothy Hughes, Los Angeles, Heisler, Steward & Daniels, Inc., William B. Daniels, for Real Party in Interest 3-D, et al.


RUSHING, P.J.

Plaintiff Benny Enea brought this petition to set aside an order of respondent court summarily adjudicating his cause of action against his former partners, defendants William Daniels and Claudia Daniels, for breaches of fiduciary duties consisting primarily of renting partnership property to themselves at less than its fair market value. The trial court ruled that, as a matter of law, no such claim could be predicated on such conduct in the absence...

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