Defendants FRANCIS BOTTINI, JR. and BOTTINI & BOTTINI, INC.'s Motion for Judgment on the Pleadings is DENIED. The Complaint pleads a cause of action for professional negligence and breach of fiduciary duty.
Defendant argues that even though Melton did not and will not pay the judgment, the Trustee seeks to hold Bottini liable for the entire judgment awarded against Melton and Costarakis. But, the measure of damages is "the amount which will compensate for all the detriment proximately caused" (Civ. Code § 3333) and if Melton has not and will not have to pay the $1.6 million judgment, he has not been damaged (See 11 USC § 524(a)(1)) and his claims for professional negligence and breach of fiduciary fail
as a matter of law.
The bankruptcy estate is established under 11 U.S.C. 541 (e) when the case is filed, and all of the debtor's assets - including potential claims - become assets of the estate. The Trustee is the legal representative of the estate, under 11 U.S.C. 323 (a), and has a
Hearing Date
January 07, 2021
Category
Civil - Unlimited
Type
Professional Negligence
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Defendants FRANCIS BOTTINI, JR. and BOTTINI & BOTTINI, INC.'s Motion for Judgment on the Pleadings is DENIED. The Complaint pleads a cause of action for professional negligence and breach of fiduciary duty.
Defendant argues that even though Melton did not and will not pay the judgment, the Trustee seeks to hold Bottini liable for the entire judgment awarded against Melton and Costarakis. But, the measure of damages is "the amount which will compensate for all the detriment proximately caused" (Civ. Code § 3333) and if Melton has not and will not have to pay the $1.6 million judgment, he has not been damaged (See 11 USC § 524(a)(1)) and his claims for professional negligence and breach of fiduciary fail
as a matter of law.
The bankruptcy estate is established under 11 U.S.C. 541 (e) when the case is filed, and all of the debtor's assets - including potential claims - become assets of the estate. The Trustee is the legal representative of the estate, under 11 U.S.C. 323 (a), and has a