Manlin v. Milner CA2/1
We take the facts from the complaints, accepting them as true for purposes of these appeals.
Roger Manlin, an attorney, and Steven Milner jointly own and are the only members of eight real estate investment LLCs. Milner is the sole managing member of each LLC. Milner, without Manlin’s knowledge or consent, engaged in self-serving conduct in breach of both his fiduciary duties and the eight LLC operating agreements.
Manlin sued Milner for breach of contract, breach of fiduciary duty, fraud, unfair competition, conversion, and financial elder abuse, and sought an accounting.
Milner and the LLCs, represented by the law firm Hamburg, Karie, Edwards & Martin, and attorneys Ann Lee and Gregg Martin (collectively “Attorneys”), cross-complained for legal malpractice and breach of fiduciary duty, and sought declaratory relief and rescission of the LLC agreements.
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