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Division 1 Court of Appeals

Herdson v. Fortin et al.


This is the second appeal in this matter. Richard Fortin and Robert Enslen formed XCar and hired Callum Herdson as president, granting him a third of the company as a non-voting minority shareholder. When Fortin and Enslen fired Herdson, Herdson brought a claim asserting minority shareholder oppression. The trial court entered judgment for Herdson. Fortin and Enslen appealed. On the first appeal, this court affirmed the trial court’s ruling but held that the trial court lacked the authority to appoint special fiscal agents. On remand, the trial court entered judgment in favor of Herdson and ordered Fortin and Enslen to buy out Herdson’s shares in XCar. Fortin and Enslen appeal once again. COA # 865366. King County Superior Court # 19-2-3169-85.