LEHMAN v. SUPERIOR COURT

No. B193165.

51 Cal.Rptr.3d 411 (2006)

145 Cal.App.4th 109

Stephen C. LEHMAN et al., Petitioners, v. The SUPERIOR COURT of Los Angeles. County, Respondent; Nancy Hoffmeier Zamora, Real Party in Interest.

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

November 28, 2006.


Attorney(s) appearing for the Case

Rutter Hobbs & Davidoff and Frank D. Hobbs, Los Angeles, for Petitioners.

No appearance for Respondent.

The Ford Law Firm, William H. Ford III, Claudia J. Serviss, Los Angeles, and Guenther A. Richter for Real Party in Interest.


MALLANO, Acting P.J.

This original proceeding raises the question of whether the statute of limitations for a liability "created by law" (Code Civ. Proc., § 359 (section 359)) applies to a claim alleging a breach of fiduciary duty by the directors of a corporation.

We conclude that section 359 governs a fiduciary duty claim where the basis of the directors' liability was first authorized by a statute or the Constitution. If the basis of liability existed...

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