Legal Opinion

Berg & Berg Enterprises, LLC v. Boyle

California Court of Appeal

Decided October 29, 2009No. H031591PublishedCited by 60 opinions

1Opinion of the Court

Opinion

DUFFY, J.

Appellant Berg & Berg Enterprises, LLC, the largest creditor of the failed Pluris, Inc., challenges the trial court’s sustaining, without leave to amend, respondents’ demurrers to Berg’s third amended complaint. Respondents were individual members of Pluris’s board of directors. After they challenged Berg’s prior pleadings by successful demurrers and an anti-SLAPP (strategic lawsuit against public participation) motion, Berg’s operative pleading alleged a single cause of action for breach of fiduciary duty. Pluris had experienced financial difficulties and had as a result…

2Cases cited48 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Blank v. KirwanCalifornia Supreme Court · 1985
  3. Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
  4. Alcorn v. Anbro Engineering, Inc.California Supreme Court · 1970
  5. Jones v. H. F. Ahmanson & Co.California Supreme Court · 1969

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3Cited by60 opinions

  1. Rutherford Holdings, LLC v. Plaza Del ReyCalifornia Court of Appeal · 2014
  2. Daniels v. Select Portfolio Servicing, Inc.California Court of Appeal · 2016
  3. Herrera v. Federal National Mortgage Ass'nCalifornia Court of Appeal · 2012
  4. Scheenstra v. California Dairies, Inc.California Court of Appeal · 2013
  5. IIG Wireless, Inc. v. Yi, California Court of Appeal, 5th District2018

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