California Court of Appeal

Trial court judgment is affirmed where the court correctly sustained a demurrer to plaintiff's cause of action for breach of fiduciary duty as the allegations of the complaint do not establish that defendants had a fiduciary duty to plaintiff, since awareness of a medical lien was not enough to create a fiduciary duty. Trial court's grant of summary judgment for defendant on a conversion cause of action is reversed where defendants presented no evidence that they had an attorney lien entitling them to deduct their litigation costs from the settlement recovery.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• SCOTLAND, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• John Schlanger, Van Nuys, for Plaintiff and Appellant.


• For Appellees:
  
• Dreyer, Babich, Buccola & Callaham, Steven M. Campora, Sacramento, and Carolyn L. Katzorke, for Defendants and Respondents.