Tieu

FACTS

Ex-Husband and Ex-Wife were married in July 1988. In 1997, they invested in a restaurant, owning 40 percent of the business, along with Ex-Wife’s sister, 1 Linh Phuong Mai (Sister). While Sister initially had a 40 percent ownership in the restaurant, in 2003, she was given an additional 11 percent. In 2013, the couple began divorce proceedings in a separate family law proceeding. In June 2014, Ex-Wife sued Ex-Husband and Sister (collectively referred to as Defendants). Ex-Wife alleged Ex-Husband and Sister committed fraud by secretly withholding restaurant profits from her for over 20 years. Specifically, Ex-Wife alleged causes of action for breach of fiduciary duty, accounting, request for injunctive relief, conversion, involuntary dissolution of a corporation, various violations of the Corporations Code, removal of directors for fraudulent/dishonest acts, unjust enrichment, fraud, constructive fraud, reimbursement and indemnity, negligence, declaratory relief, and negligence per se. Subsumed within her fraud claim was a claim for “extreme mental anguish and emotional and physical distress, shame, mortification, and hurt feelings.” The complaint did not list dollar amounts…