Pastor

INTRODUCTION

A former member of a limited liability company appeals from a judgment on the

pleadings in a damages action after the trial court granted motions in limine excluding

evidence of liability and damages because the member sold his interest in the company in

a separate, related dissolution action. We conclude the trial court properly determined

the final resolution of the dissolution action deprived the member of standing to maintain any derivative claims and the doctrine of election of remedies barred the member from

maintaining any individual claims in the damages action. We, therefore, affirm the

judgment.

BACKGROUND

Damages Action

In June 2008 Robert Pastor filed a lawsuit against John Kennedy seeking damages

and injunctive relief. The operative second amended complaint (complaint) asserted

causes of action for fraud and deceit, breach of fiduciary duties, breach of contract, and

intentional interference with prospective economic advantage.

General Allegations

The complaint generally alleged, in 2005 and January 2006, Pastor worked for

J. Kelly Construction Supply (J. Kelly), a business of Kennedy's that imported and

distributed stone and stone…