Lawfund Mgmt. Grp., LLC v. S&B Surg. Ctr. Creditor Trust
Opinion
Opinion
facts and seeks the same recovery as LawFund’s breach of fiduciary duty and
conversion claims. See McBride v. Boughton, 20 Cal. Rptr. 3d 115, 127 (Ct. App.
2004) (“When a common count is used as an alternative way of seeking the same
recovery demanded in a specific cause of action, and is based on the same facts,
the common count . . . must stand or fall with” the underlying cause of action.).
4. The bankruptcy court did not abuse its discretion by denying LawFund
leave to amend its claims against Buchalter because amendment would be futile.
See In re Turner, 859 F.3d at 1151.
3 5. The bankruptcy court properly dismissed LawFund’s breach of contract
claim against the Trust regarding the Trust’s failure to cooperate in suing Buchalter
for malpractice. LawFund failed to allege sufficiently that the parties’ agreements
required that the Trust cooperate in prosecuting a malpractice claim against
Buchalter.
The bankruptcy court determined in a prior related action that the
malpractice claim was not assigned under the parties’ agreements because, among
other reasons, California law prohibits the assignment of legal malpractice claims.