California Court of Appeal

In an action for negligence and breach of fiduciary duty arising from an allegedly foiled arrangement to salvage plaintiff's home from foreclosure, judgment of the trial court granting defendants' motion for judgment on the pleadings and dismissing action is reversed where plaintiff's claim for breach of fiduciary duty was timely and because the parol evidence rule does not apply where extrinsic evidence is being offered not to reconstruct the parties' contractual obligations, but to establish a third party's distinct obligations.

Appellate Information

• Decided 08/17/2011
• Published 08/17/2011

Judges

• Sepulveda

Court

• California Court of Appeal

Counsel