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NICHOLAS LABORATORIES, LLC v. CHEN

No. G044105.

199 Cal.App.4th 1240 (2011)

NICHOLAS LABORATORIES, LLC, Plaintiff, Cross-defendant and Respondent, v. CHRISTOPHER CHEN, Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Fourth District, Division Three.

October 12, 2011.

Attorney(s) appearing for the Case

Weiss & Hunt, Thomas J. Weiss and Hyrum K. Hunt for Defendant, Cross-complainant and Appellant.

Quinn Emanuel Urquhart & Sullivan, Eric J. Emanuel , John Mark Potter and Diane M. Doolittle for Plaintiff, Cross-defendant and Respondent.

OPINION

IKOLA, J.—

The question presented is whether plaintiff, Nicholas Laboratories, LLC (Nicholas Labs), is required to "indemnify" its ex-employee, defendant Christopher Chen, for attorney fees incurred by Chen during his successful defense of an action brought by Nicholas Labs. The trial court rejected Chen's assertion that various statutory (Lab. Code, § 2802, subd. (a); Corp. Code, § 317, subd. (d)) and/or contractual...

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