ZAMORA v. LEHMAN

No. B215764.

186 Cal.App.4th 1 (2010)

NANCY HOFFMEIER ZAMORA, as Trustee in Bankruptcy, etc., Plaintiff and Appellant, v. STEPHEN C. LEHMAN et al., Defendants and Respondents.

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

June 29, 2010.


Attorney(s) appearing for the Case

Ford & Serviss, William H. Ford III and Claudia J. Serviss for Plaintiff and Appellant.

Rutter Hobbs & Davidoff, Brian Leslie Davidoff, Christopher C. Fowler; and Frank D. Hobbs for Defendants and Respondents Stephen C. Lehman and Eric R. Weiss.

Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, Mark T. Drooks and Bonita D. Moore for Defendant and Respondent Daniel M. Yukelson.


OPINION

MALLANO, P. J.

A trustee in bankruptcy filed this action against three former officers of a defunct company, alleging breach of fiduciary duty. Two of the officers engaged in discovery; the third attempted to settle the action as to himself only. Four months before trial, defendants remembered that their employment agreements contained an arbitration provision. They moved to compel arbitration. In opposition, the trustee argued...

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