Wendt v. La Costa Beach Resort Condominium Ass'n

Appellants challenge a trial court order dismissing with prejudice their action for indemnification. We affirm because appellants cannot state such a cause of action under the circumstances of this case.

Appellee, La Costa Beach Resort Condominium Association, Inc., operates a residential time share complex. Appellants, Donald Wendt, Kenny Wendt, and Clarke Warne, are former directors of the association. The association sued the directors for breach of fiduciary duty for allegedly misappropriating time share weeks for their own. benefit. A jury found that the directors breached their fiduciary…