California Court of Appeal

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Berg & Berg Enters., LLC. v. Boyle, H031591

In plaintiff's breach of fiduciary duty against defendants, trial court's sustaining of defendant's demurrers to the third amended complaint is affirmed as plaintiff failed to plead a cognizable claim for breach of fiduciary duty against the individual directors. Furthermore, even if a cognizable claim had been alleged, on the pleaded facts, the business judgment rule insulated the directors from personal liability on the alleged claims for breach of fiduciary duty as a matter of law.

Appellate Information

  • Decided 10/29/2009
  • Published 10/29/2009


  • DUFFY, J.


  • California Court of Appeal


  • For Appellant:
  • Allen Matkins Leck Gamble, Mallory & Natsis, Robert R. Moore, Michael J. Betz, San Francisco, Kevin Ryan, for Plaintiffs and Appellants.

  • For Appellees:
  • Winston & Strawn, Robert A. Julian, Nicole P. Dogwill, San Francisco, for Defendant and Respondent John Boyle., O'Melveny & Myers, Meredith N. Landy, Lori E. Romley, Sara M. Folchi, Menlo Park, for Defendants and Respondents.
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