LLC v. LLC (2010)

(Corrected Title Page) MEMORANDUM OF DECLSION

The Court will first make general references to the facts of the case before discussing the general legal principles it will rely on.   More detailed reference to the facts will be made when it tries to apply those legal principles to the issues before it.

Several counts have been brought by the plaintiff against Mr. Zenie.   The first count lies in breach of fiduciary duty, the second count and third count assert a breach of the employment and operating agreements.   The plaintiff also advances a violation of CUTPA against Zenie and the company he set up in 2005, CPS. In the tenth count the plaintiff alleges Zenie and CPS violated § 53a-251 of the general statutes which makes it a crime to steal or engage in the unauthorized use of information stored on a computer system.

Regarding the breach of fiduciary duty claim the court will rely heavily on a decision it wrote in 2000, Custard Insurance Adjusters v. Nardi, 2000 CT Sup 5085 and a more recent opinion, CTRE LLC v. Thora Colburn, 2008 CT Sup 10477 which concerned breach of that duty in the employment context.

The alleged violation of fiduciary duty is central to all the counts against the defendant and in many respects underlies and supports the allegations and legal theories of these counts. Or

Corradino, J.T.R.

Corradino, Thomas J., J.T.R.