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BARTON v. KHAN

No. B190428.

69 Cal.Rptr.3d 238 (2007)

157 Cal.App.4th 1216

Kenneth BARTON, Plaintiff and Appellant, v. Zafar KHAN, et al., Defendants and Respondents.

Court of Appeal of California, Second District, Division Five.

December 13, 2007.

Attorney(s) appearing for the Case

McGarrigle, Kenney & Zampiello, Patrick C. McGarrigle, Michael J. Kenney and Philip A. Zampiello, Los Angeles, for Plaintiff and Appellant.

Caldwell Leslie & Proctor, Robyn C. Crowther, Michael D. Roth, Los Angeles, Ben-Zvi & Associates and Henry Ben-Zvi Santa Monica, for Defendants and Respondents.

ARMSTRONG, J.

FACTS AND PROCEDURAL SUMMARY

Plaintiff and appellant Kenneth Barton, a shareholder of defendant RPost International Limited ("RPost") was, until 2004, also an employee, officer and director of the company. Defendants Zafar Khan, Terrance Tomkow and Henri Isenberg (together, the "Individual Defendants") were, during the relevant time period, officers and directors of RPost.

Barton's original complaint alleged three causes of action:...

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