Berg & Berg Enters., LLC. v. Boyle, No. 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. 

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Filed October 29, 2009

Judges

Opinion by Judge Duffy

Counsel

For Appellant:  Allen Matkins Leck Gamble, Mallory & Natsis, Robert R. Moore, Michael J. Betz, Kevin Ryan

For Appellee:  Winston & Strawn, Robert A. Julian, Nicole P. Dogwill, O'Melveny & Myers, Meredith N. Landy, Lori E. Romley, Sara M. Folchi