David Welch Co. v. Erskine & Tulley
California Court of Appeal
1Opinion of the Court
Opinion
CHANNELL, J.
Following a court trial, defendants Erskine & Tulley (E&T) and Michael Carroll appeal from a judgment entered against them and in favor of David Welch Co. (Welch). The trial court held that E&T, a law corporation, and Attorney Carroll had breached their fiduciary duty towards Welch, their former client, and had received a benefit of $350,000, which defendants were deemed to hold in constructive trust for Welch. Defendants were ordered to disgorge that benefit to Welch. Welch cross-appeals from that portion of the judgment providing that its recovery shall be only from those…
2Cases cited18 opinions
- Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
- ABC Trans National Transport, Inc. v. Aeronautics Forwarders, Inc.Appellate Court of Illinois · 1980
- Barbara A. v. John G.California Court of Appeal · 1983
- Noble v. Sears, Roebuck & Co.California Court of Appeal · 1973
- Kraus v. Willow Park Public Golf CourseCalifornia Court of Appeal · 1977
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