California Court of Appeal

ResetAA Font size: Print

American Master Lease v. Idanta Partners, B244689A

In an action in which plaintiff alleges that defendants aided and abetted a breach of fiduciary duty, the trial court's judgment for plaintiff and an order denying defendants' motion for judgment notwithstanding the verdict is 1) affirmed in part, where: (a) a defendant can be liable for aiding and abetting breach of fiduciary duty without owing the plaintiff a fiduciary duty; (b) the statute of limitations for aiding and abetting breach of fiduciary duty is three or four years depending whether the breach is fraudulent or non-fraudulent; (c) the restitutionary remedy of disgorgement is available for aiding and abetting breach of fiduciary duty; and (d) the measure of restitution for aiding and abetting breach of fiduciary duty is the net profit attributable to the wrong; but 2) reversed in part and remanded, where defendants are entitled to a new trial on the amount of defendants' unjust enrichment. (Opinion on Rehearing)

Appellate Information

  • Decided 05/05/2014
  • Published 05/05/2014

Judges

  • SEGAL

Court

  • California Court of Appeal

Counsel


FindLaw Career Center

    Select a Job Title


      Post a Job  |  Careers Home

    View More