Legal Opinion
Gainey v. Occidental Land Research
California Court of Appeal
Decided October 31, 1986No. B015376PublishedCited by 8 opinions
1Opinion of the Court
Opinion
ASHBY, J.
This is a class action brought by plaintiff and appellant John Gainey, Jr., on behalf of himself and other limited partners against the general partner, defendant and respondent Occidental Land Research, alleging that the general partner exacted excessive fees and commissions from the partnership in violation of the partnership agreement and of its fiduciary duty. The trial court dismissed the action under former Code of Civil Procedure section 583, subdivision (b) (now §§ 583.310-583.360), on the ground that it could not be brought to trial within five years from the filing…
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3Cited by8 opinions
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