Chodniewicz

Filed 9/29/21 Chodniewicz v. ART.com CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO

JOSHUA CHODNIEWICZ, et al., Plaintiffs and Appellants,

A159720

v. ART.COM, INC., et al., (Alameda County Super. Ct. No. RG19001604) Defendants and Respondents.

Plaintiffs are shareholders of ART.com, Inc. (ART) who brought suit against four of ART’s directors and the venture capital firms they control, alleging that the board of directors breached their fiduciary duties to ART in approving the sale of ART to Walmart, Inc. (Walmart), and that the venture capital firms aided and abetted those breaches. The trial court sustained the venture capital firms’ demurrer to the operative complaint’s second cause of action for aiding and abetting breach of fiduciary duty,…