Cross Defendant Xingming Zheng to Demurrer to Cross-Complaint
The demurrer filed by Cross-Defendant Xingming Zheng to the second cause of action for Breach of Fiduciary Duty and third cause of action for Accounting alleged in the First Amended Cross-Complaint (“FACC”) filed by Goaland Energy Conservation Tech USA Limited is OVERRULED.
Breach of Fiduciary Duty:
An officer is released from “fiduciary obligations only upon the officer’s resignation or removal from office.” (GAB Business Services, Inc. v. Lindsey v. Newsom Claim Services, Inc. (2000) 83 Cal.App.4th 409 (disapproved on other grounds by Reeves v. Hanlon (2004) 33 Cal.4th 1140, 1154.)
Cross-Defendant demurs to the FACC on the grounds that the breach of fiduciary duty cause of action fails for want of a fiduciary duty because all alleged malfeasance occurred after Cross-Defendant was terminated.
The FACC alleges that on “November 5, 2019, GOALAND CHINA decided to dissolve GOALAND. (FACC, ¶ 10.) The FACC further alleges that “[
Hearing Date
August 01, 2020
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Cross Defendant Xingming Zheng to Demurrer to Cross-Complaint
The demurrer filed by Cross-Defendant Xingming Zheng to the second cause of action for Breach of Fiduciary Duty and third cause of action for Accounting alleged in the First Amended Cross-Complaint (“FACC”) filed by Goaland Energy Conservation Tech USA Limited is OVERRULED.
Breach of Fiduciary Duty:
An officer is released from “fiduciary obligations only upon the officer’s resignation or removal from office.” (GAB Business Services, Inc. v. Lindsey v. Newsom Claim Services, Inc. (2000) 83 Cal.App.4th 409 (disapproved on other grounds by Reeves v. Hanlon (2004) 33 Cal.4th 1140, 1154.)
Cross-Defendant demurs to the FACC on the grounds that the breach of fiduciary duty cause of action fails for want of a fiduciary duty because all alleged malfeasance occurred after Cross-Defendant was terminated.
The FACC alleges that on “November 5, 2019, GOALAND CHINA decided to dissolve GOALAND. (FACC, ¶ 10.) The FACC further alleges that “[