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Gab Business Services Inc. v. Lindsey & Newsom Claim Services Inc.

Corporation officer who orchestrates mass exodus of corporations' employees to competitor breaches fiduciary duty.





Cite as

2000 DJDAR 10258

Published

Sep. 15, 2000

Filing Date

Sep. 14, 2000


GAB BUSINESS SERVICES, INC., Plaintiff and Appellant, v.
LINDSEY & NEWSOM CLAIM SERVICES, INC. et al., Defendants and Appellants.
No. G021350 (Super. Ct. No. 669766) California Court of Appeal Fourth Appellate District Division Three Filed September 14, 2000
MODIFICATION OF OPINION; NO CHANGE IN JUDGMENT
        It is hereby ORDERED that the opinion filed on August 29, 2000, be modified as follows:

        In the paragraph commencing on page 16* and ending on page 17, where the word "GAB" appears twice in the last sentence of that paragraph, delete the second "GAB" and replace it with "Neal." The corrected sentence will read as follows:

        Had the jury been properly instructed that Neal owed a fiduciary duty to GAB, we find it reasonably probable the jury would have gone on to find Lindsey and Neal liable for unfair competition.
        
        This modification does not effect a change in the judgment.

SILLS, P. J.

We concur:
        CROSBY, J.
        O'LEARY, J.


*        See Daily Appellate Report of August 31, 2000, page 9657, column 2, line 16, first full paragraph.





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