Smith v. Pacific Pools, Inc.

Plaintiff appeals a judgment dismissing his claims for relief in what was originally commenced as a shareholder’s derivative suit. Defendants cross-appeal that portion of the judgment dismissing their counterclaim for commissions received by plaintiff in claimed breach of fiduciary obligation to defendants.

Defendant Pacific Pools, Inc., has been and is engaged in the construction of swimming pools. Plaintiff William M. Smith (Smith), formerly sales manager and presently director and secretary-treasurer of the corporation, owns 35 percent of the shares, and defendant David P. Jackson…