California Court of Appeal

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Kurwa v. Kislinger, B228078

In a breach of fiduciary duty case brought by a doctor on behalf of himself and derivatively on behalf of a joint venture corporation against his joint venturer and his professional corporations, judgment in favor of the defendants is reversed, where: 1) the judgment entered was final and appealable, notwithstanding that defamation claims had been dismissed without prejudice; and 2) the trial court erred in ruling that the plaintiff could not establish a fiduciary duty on the part of his joint venturer, and that he lacked standing.

Appellate Information

  • Decided 03/05/2012
  • Published 03/05/2012



  • California Court of Appeal


  • For Appellant:
  • Robert S. Gerstein, Harrington, Foxx, Dubrow & Canter