Greene Trio Music v. Jackson
Appellant Greene Trio Music, LLC (Greene Trio) appeals from the trial courts grant of summary judgment in favor of Respondent Randall Jackson (Jackson). In its complaint, Greene Trio asserted a single cause of action against Jackson, one of its founding members, for breach of fiduciary duty. The complaint alleged that Jackson breached his fiduciary duty by conspiring with a songwriter under contract with Greene Trio to transfer certain music publishing rights to a third party through secret dealings with the songwriter and others. The trial court granted summary judgment on two grounds. First, the court ruled that, because the gravamen of the action was constructive fraud, it was barred by the three-year statute of limitations governing fraud claims. Second, the court ruled that Greene Trio could not prove that it sustained any recoverable damages as a result of Jacksons alleged conduct. Court conclude that, although labeled a claim for breach of fiduciary duty, the gravamen of Greene Trios complaint against Jackson stated a cause of action for constructive fraud. The action thus was barred by the three-year limitations period set forth in Code of Civil Procedure section 338, subdivision (d). On that basis, Court affirm.
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