California Court of Appeal

Summary judgment in favor of defendant executives in suit brought by employer's bankruptcy trustee alleging breach of fiduciary duty, is affirmed, where: 1) a contractual notice provision is enforceable with respect to a claim against a professional or skilled expert as long as the provision incorporates the delayed discovery rule; and 2) neither the corporation nor the trustee in bankruptcy satisfied the contractual one-year notice provision.

Appellate Information

• Decided 03/07/2013
• Published 03/07/2013

Judges

• MALLANO

Court

• California Court of Appeal

Counsel