On November 25, 2019, RBGG obtained a complete dismissal of a San Francisco Superior Court case as to all causes of action on behalf of a corporate board member who was sued by a former CEO. The plaintiff’s lawsuit sought reimbursement for unpaid corporate liabilities from multiple defendants, alleging three causes of action against our board member client: (1) breach of fiduciary duty, (2) indemnification and contribution, and (3) promissory estoppel. RBGG demurred on the grounds that the former CEO failed to allege the existence of a fiduciary duty, failed to plead joint liability theories, and could not rely upon the continuous accrual doctrine to overcome statute of limitations defects. The court sustained our client’s demurrer without leave to amend as to all three causes of action. According to RBGG’s Van Swearingen, “the Court dismissed our client prior to being served any discovery, and its order ensures that the plaintiff cannot continue to pursue futile legal theories.” The plaintiff’s lawsuit continued as to the other named defendants who are represented by another law firm.
