Stuart Kane Gets Pension Plan Case Dismissed
The business litigation team at Stuart Kane LLP, representing a Southern California construction company, recently obtained dismissal of a lawsuit against the company’s pension plan for claims of embezzlement, conversion, fraud, and negligent misrepresentation. The managing member of the company and the pension plan were both accused of paying company funds to the pension plan in violation of promises, representations, and without any basis for doing so.
After first successfully making a motion to require the plaintiff to post a bond to secure the recovery of fees based upon the derivative claims, lead counsel Don Hamman, with support from paralegal Tiffany Jung, succeeded in getting the claims against the pension plan dismissed with prejudice by way of demurrer. Shortly thereafter, the pension plan’s motion to recover attorney’s fees and costs was granted.