Kellis

Ben D. Kellis, assignee of a limited partnership interest in an apartment house project, sued defendant Ellis Ring, a general partner in the limited partnership and an officer or director in companies that allegedly provided management services for the apartment complex. Kellis sought declaratory relief and an injunction; he asked the court to make a “judicial determination and declaration as to plaintiffs and defendants’ respective rights and duties with respect to said Limited Partnership and specifically whether by being an officer and director of, and having an interest in Ring Brothers Corporation and Ring Brothers Management Corporation and their affiliates and by doing acts in furtherance of such interest, defendant Ellis Ring is in violation of his fiduciary and trust relationships to plaintiff.” The second cause of action was to enjoin Ring “from holding any employment or managerial position with or having any interest in Ring Brothers Corporation, Ring Brothers Management Corporation or affiliated companies.” A demurrer was sustained to the complaint, and an order of dismissal was entered. The minute order sustaining the demurrer stated, “[t]he complaint pleads…