Judge, Orange County Superior Court (Ret.)

Hon. MARY FINGAL SCHULTE

Partnership Disputes

Representative Cases


  • ​​19 causes of action cross-complaint with claims of fraudulent concealment, intentional misrepresentation, conversion of assets, breaches of fiduciary duty and duty of loyalty, breach of corporate opportunities, misappropriation of customer lists, etc.
    Parties requested a judicial declaration of the rights and liabilities of each party. Claim was that one partner refused to terminate the Buy-Sell Agreement, despite requests from the other partner that the business relationship between them be dissolved. Partner  requested a judicial declaration as to his rights, and the obligations of co-partner, as well as a mandatory injunction dissolving the business relationship.

  • Plaintiff/cross-defendant was the second largest shareholder and a board member of Defendant/Cross-Complainant and he alleged he held his stock to his detriment based on false representations made by the company regarding its financial performance.  Defendant is a publicly traded company.
    Defendants filed a cross-complaint alleging breach of fiduciary duty. In the cross-complaint, defendants alleged that plaintiff violated company policy by putting a significant amount of his stock in a margin account and, when the stock declined, plaintiff was forced to sell 3.65 million shares (6% of the total outstanding shares ), resulting in even further decline in the stock price.

  • Complaint for Breach of Fiduciary Duties, etc. (7 causes of action). Plaintiff alleged that he was ousted as an officer and director of Defendant company because he objected to a certain licensing agreement that other shareholders stood to gain from.