Comments on: Perelman vs Gagosian A slice of lime in the soda Sun, 26 Oct 2014 19:05:02 +0000 hourly 1 By: MrRFox Thu, 20 Sep 2012 12:43:32 +0000 Here – you all can decide for yourselves how ‘open-‘n-shut’ this case is –

“In Wolf, this is the California Court of Appeals definition:

A fiduciary relationship is “‘any relation existing between parties to a transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party. Such a relation ordinarily arises where a confidence is reposed by one person in the integrity of another, and in such a relation the party in whom the confidence is reposed, if he voluntarily accepts or assumes to accept the confidence, can take no advantage from his acts relating to the interest of the other party without the latter’s knowledge or consent. . . .’” (Herbert v. Lankershim (1937) 9 Cal.2d 409, 483; In re Marriage of Varner (1997) 55 Cal.App.4th 128, 141; see also Rickel v. Schwinn Bicycle Co. (1983) 144 Cal.App.3d 648, 654 [“‘A “fiduciary relation” in law is ordinarily synonymous with a “confidential relation.” It is . . . founded upon the trust or confidence reposed by one person in the integrity and fidelity of another, and likewise precludes the idea of profit or advantage resulting from the dealings of the parties and the person in whom the confidence is reposed.’”].)”

By: MrRFox Tue, 18 Sep 2012 07:50:13 +0000 As you wish, Twinky, but – “button’?? I’m going with extra-butter – hope you’re not on a diet or concerned about heart disease or anything.

OBTW: Posting here kinda reminds me of tossing a bottle with a message into the ocean – you can only wonder.

By: Twinkbait Mon, 17 Sep 2012 20:00:11 +0000 The previous post is written like a true lawyer unable to recognize intelligence beyond their own profession.

I’ll take button on my popcorn, please!

By: MrRFox Mon, 17 Sep 2012 16:50:09 +0000 “This is all very silly: you don’t become a fiduciary because you’re friends, or because you’re knowledgeable, or any of these other reasons.” (FS)

Ah .. this should be good – yet another thread where non-lawyers tell us all about the fine points of the laws.

** starts popcorn **