Miske

Miske v. Coxeter

Good Law
139 Cal. Rptr. 3d 626·204 Cal. App. 4th 1249
Court of Appeal of CaliforniaApril 12, 2012No. A127596; Nos. A127761, A128167California5,074 words

Opinion

Lead Opinion

Reardon, J.

—In this fraud in the inducement action against the general partners of a limited partnership, a jury found in favor of respondent George J. Miske, as assignee of a limited partner’s fraud claim, and the court entered judgment for $1,408,212.07, including compound prejudgment interest. Following the denial of posttrial motions, the court awarded Miske substantial attorney fees, based on the attorney fee provision in the underlying limited partnership agreement (LPA). Now appellant 1 Coxeter challenges the judgment against him because the jury found that he did not participate in or ratify the fraud perpetrated on a limited partner by his cogeneral partner, appellant Bisno. He relies principally on Kazanjian v. Rancho Estates, Ltd. (1991) 235 Cal.App.3d 1621 [ 1 Cal.Rptr.2d 534 ] (Kazanjian), in which the reviewing court held that an innocent general partner is not personally liable to a limited partner for the wrongdoing of a cogeneral partner. We affirm the judgment against Coxeter, concluding that for purposes of ascertaining his liability for Bisno’s wrongdoing under the rule of Kazanjian , we treat the defrauded limited partner in question as an innocent third…

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