Quintero v. Urban Infraconstruction

Excerpt

Ruling after court-ordered Rule 166(g) briefing. Ruling that Plaintiffs take nothing by their claims for declaratory relief and, with respect to one defendant, that Plaintiffs take nothing by their claims for accounting and inspection of books and records, breach of contract or an alleged partnership agreement, or for fraud and unjust enrichment. Ruling that Defendants take nothing by their claims for declaratory relief. Ruling that Plaintiffs' claims for breach of contract, breach of fiduciary duty, and fraud relating to one plaintiff and alternative claim for quantum meruit, and Defendants' claim for conversion, remain pending and will proceed to jury trial as set. Granting traditional and non-evidence summary judgment against Plaintiff's defamation claim because the complained-of statements are not objectively verifiable and therefore, as a matter of law, are not defamatory. Denying reconsideration of an order remanding the case back to district court on the grounds that the removal to business court was untimely. Denying permission to take a permissive interlocutory appeal of that order. This opinion addresses (i) whether the Property (Trust) Code bars a trustee from enforcing a punitive damages waiver; (ii) if not, whether the waiver in one bond financing contract applies to claims based on a related contract in the same financing; and (iii) whether a trustee owes continuing fiduciary duties to its beneficiaries once the trustee resigns and is replaced by a substitute trustee. The court concludes that (i) the punitive damages waiver is enforceable here because the Trust Code does not reflect a legislative intent to bar such waivers; (ii) the subject waiver applies to both contracts because they are integral parts of the same financing arrangement; and (iii) a terminated and replaced trustee must protect a former beneficiary's confidential information that the trustee obtained during the trust relationship. Granting Defendant's motion to strike untimely filed su