On a summary judgment motion, the moving defendants argued that claims arising from alleged overpayments, fraud, breach of fiduciary duty and oppression were barred by a two-year limitation period.
The court held that the plaintiffs' action, as framed, was an action to enforce a prior Court of Appeal order and that no limitation period applied to such enforcement proceedings.
Judgment was granted to permit recovery of the overpayments made by the trustee to itself and to the law firm in the amounts previously determined.
In a later amended endorsement, the court clarified the earlier ruling and accepted the responding parties' position on the identified clarification issues.
