In Steinberg v. Amplica, Inc., 42 Cal. 3d 1198, 729 P.2d 683, 233 Cal. Rptr. 249 (Cal. 1986), the minority shareholder alleged fraud and breach of fiduciary duty, as well as an unlawful merger, based on misrepresentations made by corporate officers. Id. at 686. The Supreme Court of California held that the action was barred by California's appraisal remedy because the plaintiff knew all of the relevant facts prior to the merger but "deliberately opted to sue for damages instead of seeking appraisal." Id. at 694. For his factual argument, Plaintiff notes that Steinberg involved an offering price that exceeded the price the plaintiff paid for his stock. Id. at 686.