California Court of Appeal

In a fraud action involving shares of stock, trial court's grant of defendant's motion for summary judgment is affirmed where: 1) the trial court did not err in concluding that plaintiffs failed to provide sufficient evidence or demonstrate a triable issue of fact that defendant had knowledge of the fraud; 2) plaintiffs cannot use the group published information doctrine to support their cause of action as it is a pleading device that has no application in the summary judgment context; 3) trial court did not err in sustaining defendant's demurrer to plaintiffs' Corporations Code section 25504 claim as plaintiffs failed to provide an adequate record of the claim or demonstrate they could have made the claim at all; and 4) there was no abuse of discretion in refusing to stay the proceedings.

Appellate Information

• Decided 03/20/2009
• Published 03/20/2009

Judges

• AARON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Patricia A. Meyer & Associates, Patricia A. Meyer, San Diego, Trevor M. Flynn, Robert P. Ottilie, San Diego, Kiesel Boucher & Larson and Raymond P. Boucher, Beverly Hills, for Plaintiffs and Appellants.


• For Appellees:
  
• Quinn Emanuel Urquhart Oliver & Hedges, John B. Quinn, Harry A. Olivar, Jr., Los Angeles, Kirby Noonan Lance & Hope, David J. Noonan, San Diego, Niddrie Fish & Buchanan, and David A. Niddrie, San Diego, for Defendant and Respondent John J. Moores., David A. Hahn, Gibbs & Bruns, Robin C. Gibbs, J. Christopher Reynolds, Ayesha Najam, Jeffry J. Cotner and Aundrea K. Frieden, for Defendant and Respondent Charles E. Noell III., Bewley, Lassleben & Miller, Leighton M. Anderson and David A. Brady, Whittier, for Defendant and Respondent Christopher A. Cole.