Mann
Mann v. Jeffery CA4/3
Opinion
Opinion
Fybel, J.
INTRODUCTION
David Mann, Jason Jeffery, and Miguel Puente founded and co-owned Pacific Air Flight School, Inc. (PAFSI or Pacific Air, Inc.). Jeffery and Puente forced Mann out of the company, and later founded a new company, Pacific Air Flight School, LLC (PAFSL or Pacific Air, LLC), which conducted the same type of business as Pacific Air, Inc. Mann sued Jeffery and Puente for breach of fiduciary duty. Following a bench trial, the trial court found in its statement of decision that, with one exception, Mann had failed to prove any breach of fiduciary duty by Jeffery and Puente. The court found that a breach of fiduciary duty occurred when Jeffery and Puente operated Pacific Air, LLC, as a competing flight school while Pacific Air, Inc. was still in existence, but that Mann failed to prove he had suffered any damages as a result. All of the trial court’s findings were supported by substantial evidence. We therefore affirm.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
Mann, Jeffery, and Puente formed Pacific Air, Inc., in December 2013, with each owning one-third of the shares of the corporation. All three were officers and directors of the corporation: Puente was president, Mann…