California Court of Appeal

Order awarding attorney fees to defendant following the dismissal without prejudice of plaintiff's shareholder derivative lawsuit is affirmed where plaintiff was the prevailing party who should be awarded attorney fees based on a security voluntarily posted by defendant under Corporations Code section 800.

Appellate Information

• Decided 05/17/2006
• Published 05/17/2006

Judges

• HALLER, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Duckor Spradling Metzger & Wynne, Scott L. Metzger, Robert M. Shaughnessy and Geoffrey C. Chackel, San Diego, for Plaintiffs, Cross-Defendants and Appellants., Richard W. Weinthal;  Gladych & Associates, John A. Gladych, Newport Beach, and Lauren L. McNerney, Long Beach, for Defendant, Cross-Complainant and Respondent.