Cook
Lynch v. Cook
Opinion
Opinion
Stephens, J.
Robert Lynch, plaintiff and appellant (hereinafter appellant or Lynch), appeals a judgment entered pursuant to Code of Civil Procedure section 631.8 in favor of defendants-respondents Charles Cook et al. (hereinafter respondents). This action was originally commenced by appellant who sought damages and rescission of an allegedly improper tender offer and subsequent sale of stock. At issue is whether the trial court committed reversible error by failing to rule on material issues; whether the court erred in granting respondents’ motion for judgment where respondents, acting as fiduciary, bore the burden of establishing the inherent fairness and good faith of their actions; whether the court erred in holding that respondents’ misrepresentations and omissions were not material; and whether the court erred in holding that reliance on the part of Lynch was required in each of appellant’s causes of action.
We conclude that the trial court did not commit reversible error and affirm the judgment accordingly.
The pertinent facts and involved parties are as follows: Appellant Lynch was president and director of First Financial Corporation of the West (hereinafter First Financial)…