Fraser v. PC-Tel, Inc.

Filed 2/6/07  Fraser v. PC-Tel, Inc. CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

RONALD H. FRASER,                                                         H028165

                        Plaintiff, Cross-Defendant                           (Santa Clara County

                         and Appellant,                                               Superior Court

                                                                                                 No. 1-02-CV-806176)

            v.

PC-TEL, INC.,

                        Defendant and Respondent;

WELLS FARGO BANK MINNESOTA N.A.,

                        Defendant, Cross-Complainant

                        and Respondent.

_____________________________________/

            Plaintiff Ronald H. Fraser's causes of action against defendant PC-TEL, INC. (PCT) and defendant and cross-complainant Wells Fargo Bank Minnesota, N.A. (Wells Fargo) were summarily adjudicated in favor of PCT and Wells Fargo.[1]  The superior court denied Fraser's motions for summary judgment and judgment on the pleadings on Wells Fargo's cross-complaint, and a stipulated judgment for $275,000 was entered against Fraser on the cross-complaint.

            On appeal, Fraser claims that (1) triable issues of fact precluded summary adjudication of his causes of action, (2) his summary judgment and judgment on the pleadings motions should have been granted and (3) the superior court erred in refusing to (a) take judicial notice of certain documents, (b) strike information about his tax returns and (c) compel further responses by PCT to some of his special interrogatories.  We reject his contentions and affirm the judgments.

I.  Undisputed Facts

            Fraser was a founder and major shareholder in a corporation called Voyager.  In February 2000, PCT acquired Voyager by means of a written contract (the merger agreement) with Fraser and Voyager's other shareholders.  PCT agreed to acquire all shares of stock in Voyager in exchange for cash and shares of PCT stock.  PCT also agreed to assume all of Voyager's unexercised stock options. 

            The merger agreement entitled Fraser to receive $500,000 in cash and 82,419 shares of PCT stock.  These shares were to be subject to numerous restrictions.  â€