Czajkowski

Czajkowski v. White

Good Law
144 Cal. Rptr. 3d 522·2012 Cal. App. LEXIS 857·208 Cal. App. 4th 166
Court of Appeal of CaliforniaJuly 18, 2012No. D059090California4,905 words

Opinion

Lead Opinion

Huffman, J.

Plaintiff Robert Czajkowski (Appellant) filed this action for damages against defendants Haskell & White, LLP, an accounting firm and *169 five of its members (together Respondents) 1 , alleging professional negligence and related theories arising out of their performance, during 2001 and 2002, of auditing duties for a company (MeltroniX; the Company) of which Appellant was formerly the president and chief executive officer (CEO). The Company was forced to cease operations in 2002, largely due to its liability for unpaid payroll taxes, and in federal proceedings lasting from 2006 to 2009, Appellant as its CEO was personally assessed with over $500,000 in its unpaid federal income taxes and penalties. In 2009, Appellant settled the matter by paying the Company’s back taxes and penalties of over $340,000, and incurred attorney fees.

In this action, Appellant claims Respondents breached the duties imposed on them by the engagement letters with the Company, by failing to disclose information that came to their attention in 2001 and 2002 about the nonpayment of such taxes caused by misconduct of the Company’s former chief financial officer (CFO Randy Siville; not a party…

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