In plaintiff's breach of fiduciary duty against defendants, trial court's sustaining of defendant's demurrers to the third amended complaint is affirmed as plaintiff failed to plead a cognizable claim for breach of fiduciary duty against the individual directors. Furthermore, even if a cognizable claim had been alleged, on the pleaded facts, the business judgment rule insulated the directors from personal liability on the alleged claims for breach of fiduciary duty as a matter of law.
Filed October 29, 2009
Opinion by Judge Duffy
For Appellant: Allen Matkins Leck Gamble, Mallory & Natsis, Robert R. Moore, Michael J. Betz, Kevin Ryan
For Appellee: Winston & Strawn, Robert A. Julian, Nicole P. Dogwill, O'Melveny & Myers, Meredith N. Landy, Lori E. Romley, Sara M. Folchi