Quimbee logo
DMCA.com Protection Status
From our private database of 18,800+ case briefs...

Kahane v. Jansen

California Court of Appeal
2008 WL 5077628 (2008)


Attorney Dennis Kahane (plaintiff) prevailed in a lawsuit brought against him by Lynn Jansen (defendant). The basis of the lawsuit was that Kahane, acting as attorney for Alamo Orchards LLC (Alamo), owed a fiduciary duty to Jansen, who believed himself to be member-manager of Alamo. Kahane then brought a lawsuit against Jansen for malicious prosecution and sought compensation for reputational harm caused by Jansen’s unsuccessful lawsuit. The basis of the malicious-prosecution claim was that Jansen did not have probable cause to believe Kahane owed Jansen, as manager of Alamo, a fiduciary duty to disclose potential conflicts of interest. Kahane did have a potential conflict of interest as the attorney of one of the members of Alamo, Brent Tucker, whose company did business with Alamo. However, Jansen had received written consent from Alamo’s members holding a majority of Alamo’s membership interests, designating him as a managing member of the limited-liability company (LLC) in a borrowing-authorization document. This method of selecting a manager was specifically authorized by Alamo’s operating agreement. The borrowing authorization granted Jansen broad authority to act on behalf of Alamo. Jansen filed a special motion to strike Kahane’s claim, which the lower court granted. Kahane appealed to the California Court of Appeal.

Rule of Law


Holding and Reasoning (Rivera, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 498,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 498,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,800 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial