Wallner v. Parry Professional Building, Ltd.
California Court of Appeal
1Opinion of the Court
Opinion
California Uniform Limited Partnership Act (ULPA), a limited partner may file a derivative action against the general partners alleging the general partners engaged in self-dealing and breached their fiduciary duties of due care and loyalty to the limited partnership by leasing partnership property to themselves without making rental payments. The trial court concluded the action was barred by Corporations Code section 15526 and sustained defendants’ demurrer to the complaint without leave to amend. We disagree, and reverse the judgment.
I
This case comes to us after defendants’ demurrer…
2Cases cited26 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Jones v. H. F. Ahmanson & Co.California Supreme Court · 1969
- Riviera Congress Associates ex rel. Lewy v. YasskyNew York Court of Appeals · 1966
- Klebanow v. New York Produce ExchangeCourt of Appeals for the Second Circuit · 1965
- Bedolla v. Logan & FrazerCalifornia Court of Appeal · 1975
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3Cited by11 opinions
- Woo Chul Lee v. Interinsurance Exchange of Automobile ClubCalifornia Court of Appeal · 1996
- Caparos v. MortonAppellate Court of Illinois · 2006
- Everest Investors 8 v. McNeil PartnersCalifornia Court of Appeal · 2003
- McClain v. Sav-On DrugsCalifornia Court of Appeal · 2017
- Enea v. Superior CourtCalifornia Court of Appeal · 2005
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