California Court of Appeal

Award of attorney fees to defendant, following the dismissal without prejudice of plaintiff's shareholder derivative lawsuit against defendant and a nominal defendant, is affirmed as when, at the commencement of a derivative lawsuit, a shareholder-plaintiff voluntarily posts security under Corporations Code section 800, a prevailing defendant seeking attorney fees at the conclusion of the lawsuit need not retrospectively show the lawsuit had no reasonable possibility of benefiting the corporation.

Appellate Information

• Decided 09/13/2006
• Published 09/13/2006

Judges

Court

• California Court of Appeal

Counsel