The following excerpt is from Crowe v. Gogineni, No. 2:11-cv-3438-EFB (E.D. Cal. 2016):
8. At trial, plaintiff argued that he was an equal shareholder because he attempted to exercise his option to purchase additional stock. However, he did not present any evidence establishing that he was ever issued additional stock. Despite plaintiff's attempts to establish the contrary, his status as a minority shareholder actually benefits his claims. See Shum v. Intel Corp, 633 F.3d 1067, 1076 (9th Cir. 2010) ("[A] fiduciary duty does not arise between equal shareholder in a corporation merely by virtue of their legal relationship as shareholders. There is similarly no duty even if they also serve as directors or officers of the corporation.").
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