CalPOP.com, Inc. v. Hoover CA2/5

I. INTRODUCTION

Defendant, Richard Land Hoover, appeals from a judgment against him for fiduciary duty breach. Plaintiff, CalPOP.com, Incorporated, brought a fiduciary duty breach cause of action against defendant. Plaintiff alleged defendant, as its president and chief financial officer, misused and mismanaged corporate funds for his personal use. Following a bench trial, the trial court found in favor of plaintiff. Defendant contends: plaintiff lacked standing to bring the action; his financial actions were entitled to deference under the business judgment rule; and certain evidence was inadmissible. Defendant also briefly raises several other arguments on appeal, including extreme bias by witnesses, inadequate time for his defense and insufficient evidence to support the judgment. None of defendant’s arguments have merit. We affirm the judgment.

II. BACKGROUND

A. Plaintiff’s First Amended Complaint

Plaintiff initiated this action against defendant on February 22, 2011. Plaintiff filed a first amended complaint on March 9, 2011 against defendant for fiduciary duty breach, conversion and fraud. Plaintiff alleges the following. Plaintiff is a California corporation providing…