LE v. PHAM

No. G041473.

180 Cal.App.4th 1201 (2010)

TIEN LE et al., Plaintiffs and Respondents, v. LIEU PHAM et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division Three.

January 6, 2010.


Attorney(s) appearing for the Case

Ashton R. Watkins for Defendants and Appellants.

The Amin Law Group, Ismail Amin, Tenny C. Rostomian-Amin and Jeffrey R. Groendal for Plaintiffs and Respondents.


OPINION

SILLS, P. J.

In this case we hold that where the bylaws of a pharmacy corporation provide that one stockholder must give another a right of first refusal on the sale of any stock, it is a breach of fiduciary duty for the selling stockholder to attempt to sell to a third party in violation of the right of first refusal. We thus remand the case back to the trial court to ascertain the proper damages, both to the corporation...

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