Legal Opinion

Welborne v. Ryman-Carroll Found.

California Court of Appeal, 5th District

Decided April 25, 2018No. B283656PublishedCited by 2 opinions

1Opinion of the Court

GOODMAN, J.*

*721Martha L. Welborne (Welborne) sued Ryman-Carroll Foundation (Ryman) and others in an attempt to recover $490,108.16 which she claimed had been taken by her then-investment advisor, defendant Mark Foster (Foster), from Welborne's investment account at her investment advisory firm which Foster then used to repay a loan which an entity he controlled had obtained several years earlier from Ryman.

*722We hold that Welborne presented a sufficient prima facie case to require that Ryman's motion for summary judgment be denied. Accordingly, we reverse the judgment.1

FACTUAL AND PROCEDURAL HISTORY

2Cases cited13 opinions

  1. Aguilar v. Atlantic Richfield Co.California Supreme Court · 2001
  2. Guz v. Bechtel National, Inc.California Supreme Court · 2000
  3. Merrill v. Navegar, Inc.California Supreme Court · 2001
  4. Lectrodryer v. SeoulBankCalifornia Court of Appeal · 2000
  5. Nadaf-Rahrov v. the Neiman Marcus Group, Inc.California Court of Appeal · 2008

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3Cited by2 opinions

  1. Avetisyan v. Drinker Biddle & Reath CA2/7California Court of Appeal · 2021
  2. Compeer Financial, ACA, et al. v. Michael Graham, et al.District Court, E.D. California · 2026

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