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McKEY v. CHARLES SCHWAB & CO., INC.

No. B107907.

79 Cal.Rptr.2d 213 (1998)

67 Cal.App.4th 731

John McKEY, Plaintiff and Appellant, v. CHARLES SCHWAB & CO., INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

October 6, 1998.

Attorney(s) appearing for the Case

Girardi & Keese, Thomas V. Girardi and James B. Kropff, Los Angeles; White & Reed, James S. Reed and Michael R. White, Los Angeles, for Plaintiff and Appellant.

Charles Schwab & Co., Inc. and Linda P. Drucker; Morgan, Lewis & Bockius, Steven J. Glouberman and Andrea Sheridan Ordin, Los Angeles, for Defendant and Respondent.

HASTINGS, Associate Justice.

Appellant John McKey (hereinafter appellant) filed a lawsuit on behalf of himself and others similarly situated against respondent Charles Schwab & Co. (Schwab) alleging a breach of fiduciary duty and bad faith based on its receipt of "order flow payments" from wholesale securities dealers. Schwab's demurrer to McKey's First Amended Complaint was sustained without leave to amend and the action was dismissed. The basis for the trial...

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