California Court of Appeal

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Donner Mgmt. v. Schaffer, D046439A

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

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