Dunne v. Dunne
James M. Dunne (plaintiff) sued his daughter, Kelly Dunne (defendant), for breach of fiduciary duty, conversion, failure to provide an accounting, elder abuse, and money had and received. Defendant cross-complained against plaintiff and others. Her claims against plaintiff included breach of an oral contract, conversion, and money or services had and received. By stipulation, defendants claims against the other cross-defendants were stayed pending resolution of the action between plaintiff and defendant. Plaintiff appeals, arguing the oral agreement underlying the cross-complaints contract count is invalid as a matter of law. He also contends the evidence fails to support the no-damages finding on the complaints breach of fiduciary duty count. Court affirm the judgment.
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