Sjolie
Barbary Coast Furniture Co. v. Sjolie
Opinion
Opinion
Rouse, J.
Plaintiffs Barbary Coast Furniture Company, Inc. (Barbary Coast) and Stuart and Carolyn Kadas appeal from a summary judgment in favor of defendant Daniel Cowans and two law firms of which he was a member.
A. The Complaint
Plaintiffs ’ first amended complaint contained the following allegations pertinent to this appeal: The first count alleged that on February 2, 1978, Barbary Coast filed a chapter XI bankruptcy petition and that defendant Cowans acted as Barbary Coast’s attorney in that proceeding. At the time of the commencement of the bankruptcy proceeding, Robert Sjolie was Barbary Coast’s president and a member of its board of directors, and he and his family owned all of the common stock in Barbary Coast. On May 9, 1978, the bankruptcy court approved a plan of arrangement proposed by Barbary Coast and its counsel. It was farther alleged that Barbary Coast had at all times engaged in the production and sale of furniture specially designed for the waterbed industry and that Sjolie, in his capacity as Barbary Coast’s president and as a member of its board of directors, and Cowans, in his capacity as Barbary Coast’s attorney, each had access to Barbary Coast’s trade…