Garcia

Garcia v. Hejmadi

Bad Law

1997 Cal. App. LEXIS 838·58 Cal. App. 4th 674·68 Cal. Rptr. 2d 228·97 Daily Journal DAR 13083·97 Cal. Daily Op. Serv. 8102

Court of Appeal of CaliforniaOctober 20, 1997A068031California7,345 words

Opinion

Lambden, J.

Antonio M. Garcia brought this action against Vivek Hejmadi and Dyna-Tel, Inc. (Dyna-Tel), a New Jersey corporation, for declaratory relief, dissolution, accounting and other relief regarding, at root, a dispute over Dyna-Tel’s ownership. This appeal by Hejmadi follows a 10-day court trial which yielded judgment for Garcia and a lengthy statement of decision.

Background

The case history is complex. We briefly recite it for context, resorting to the statement of decision. Garcia was a shareholder and officer of Chemical Industries of the Philippines (Chemphil) when in 1979 he entered a joint venture agreement for the Philippine manufacture and distribution of electric motors for export, principally to the United States. This led to the purchase of a plant from Marco Electric Motors (Marco) and the formation of Chemark Electric Motors (Chemark), a joint venture of Marco and another of Garcia’s companies, Dynetics, Inc. (Dynetics). In late 1981 and early 1982, Garcia formed Dyna-Tel as a marketing-company outgrowth of that venture, selecting Hejmadi—a financial manager for another of his companies, Intel—as his representative to head the operation.

Paul Fine, a principal…

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Parties

ANTONIO M. GARCIA
Plaintiff
VIVEK HEJMADI
Defendant

Judges

Lambden

Cites (43)

32 Cal. App. 4th 1494
35 Cal. 3d 390
4 Cal. App. 4th 625
178 Cal. App. 3d 795
117 Cal. App. 3d 248
146 Cal. App. 2d 139
216 Cal. App. 3d 1114
50 Cal. App. 4th 765
48 Cal. 3d 973
12 Cal. 4th 345
11 Cal. 4th 1
7 Cal. App. 4th 40
67 Cal. 2d 251
51 Cal. App. 4th 780
47 Cal. App. 4th 927
2 Cal. App. 4th 1338
42 Cal. 3d 270
32 Cal. 3d 892
117 Cal. App. 2d 639
57 Cal. App. 4th 860
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52 Cal. 3d 1142
52 Cal. App. 4th 1025
19 Cal. App. 4th 485
50 Cal. App. 4th 199
210 Cal. App. 3d 1459
39 Cal. App. 4th 1017
159 Cal. App. 3d 245
6 Cal. App. 4th 1548
3 Cal. App. 4th 313
222 Cal. App. 3d 1371
132 Cal. App. 3d 1005
225 Cal. App. 3d 1602
235 Cal. App. 3d 806
193 Cal. App. 3d 824
182 Cal. App. 3d 335
27 Cal. 3d 348
125 Cal. App. 3d 623
12 Cal. App. 4th 830
14 Cal. App. 4th 1186
43 Cal. App. 4th 1570
37 Cal. App. 4th 763
34 Cal. App. 4th 1173