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EVEREST INVESTORS v. WHITEHALL REAL ESTATE

No. B150981.

123 Cal.Rptr.2d 297 (2002)

100 Cal.App.4th 1102

EVEREST INVESTORS 8 et al., Plaintiffs and Appellants, v. WHITEHALL REAL ESTATE LIMITED PARTNERSHIP XI, Defendant and Respondent.

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

August 2, 2002.

Attorney(s) appearing for the Case

Kendig & Ross, Fainsbert Mase & Snyder and Dennis A. Kendig, Los Angeles, for Plaintiffs and Appellants.

Sullivan & Cromwell, Steven W. Thomas and Mark H. Forrester, Los Angeles, for Defendant and Respondent.

MIRIAM A. VOGEL, J.

The question on this appeal is whether a nonfiduciary defendant can be liable for conspiring with a fiduciary defendant to breach the fiduciary's duty to the plaintiff. The answer, in our view, is sometimes yes and sometimes no. When the nonfiduciary is an agent or employee of the fiduciary, the nonfiduciary is entitled to the benefit of the "agent's immunity rule" (and thus not liable on a conspiracy theory) unless the nonfiduciary was acting...

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