Sjolie

Barbary Coast Furniture Co. v. Sjolie

Caution
167 Cal. App. 3d 319·1985 Cal. App. LEXIS 1944·213 Cal. Rptr. 168
Court of Appeal of CaliforniaApril 25, 1985A015083California6,088 words

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…

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