Fraser

Fraser v. Bogucki

Good Law
1988 Cal. App. LEXIS 704·203 Cal. App. 3d 604·250 Cal. Rptr. 41
Court of Appeal of CaliforniaAugust 4, 1988B031352California2,552 words

Opinion

Opinion

Boren, J.

Robert Fraser appeals from the dismissal of his entire action after the trial court sustained the defendants’ demurrer to his complaint and Fraser waived the opportunity to amend. (Code Civ. Proc., § 581, subd. (f)(1).) Fraser, who is suing his former law partners, advances two arguments for reversal. First, he urges this court to either distinguish “or overrule” Lyon v. Lyon (1966) 246 Cal.App.2d 519 [ 54 Cal.Rptr. 829 ], in which Division One of this District held that a partner is not entitled to be compensated for good will upon the dissolution of a law partnership. Second, he contends that he should be able to proceed to trial on the theory that the defendants dissolved the partnership in bad faith for personal gain. We are not persuaded by Fraser’s arguments, and affirm the dismissal of his lawsuit.

Facts

Fraser’s complaint seeks damages for “the misappropriation of [a] law firm enterprise.” According to the allegations of the complaint, Fraser has spent more than 30 years building his career as a patent lawyer, including great amounts of noncompensable time initiating a “law firm enterprise” which required capital investment in a library and office space, plus…

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