Legal Opinion

David Welch Co. v. Erskine & Tulley

California Court of Appeal

Decided August 12, 1988No. A035953PublishedCited by 44 opinions

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

  1. Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
  2. ABC Trans National Transport, Inc. v. Aeronautics Forwarders, Inc.Appellate Court of Illinois · 1980
  3. Barbara A. v. John G.California Court of Appeal · 1983
  4. Noble v. Sears, Roebuck & Co.California Court of Appeal · 1973
  5. Kraus v. Willow Park Public Golf CourseCalifornia Court of Appeal · 1977

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3Cited by44 opinions

  1. Maritrans GP Inc. v. Pepper, Hamilton & ScheetzSupreme Court of Pennsylvania · 1992
  2. Lee v. HanleyCalifornia Supreme Court · 2015
  3. Federal Deposit Insurance Corporation, as Receiver for Central Savings and Loan Association v. Daniel T. McSweeney Frederick C. StalderCourt of Appeals for the Ninth Circuit · 1992
  4. Amtower v. Photon Dynamics, Inc.California Court of Appeal · 2008
  5. American Airlines, Inc. v. Sheppard, Mullin, Richter & HamptonCalifornia Court of Appeal · 2002

39 more not listed; retrieve them via the Exa API.

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