California Court of Appeal

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Pellegrini v. Weiss, H029772, H029988

In an action arising from a real estate transaction between the parties raising claims of, inter alia, breach of contract and fiduciary duty, rulings for plaintiff and denial of its claim for attorney's fees are affirmed with modification over claims of error that: 1) there was a lack of substantial evidence to support jury's verdict for breach of fiduciary duty; 2) trial court erred in amending complaint to conform to proof, ordering declaratory relief in favor of plaintiff, and evidentiary rulings in limine; and 3) plaintiff was entitled to attorney's fees. Judgment is modified to include a calculation of interest from the date of entry of final judgment.

Appellate Information

  • Decided 07/29/2008
  • Published 07/29/2008

Judges

  • RUSHING, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Pierce & Shearer, Andrew F. Pierce, Palo Alto, Attorneys for Defendants and Appellants David J. Weiss et al., Murphy, Pearson, Bradley & Feeney, John H. Feeney, Thomas J. D'Amato, San Francisco, Attorneys for Plaintiffs, Appellants and Respondents George Pellegrini et al.
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