California Court of Appeal

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Vaughn v. LJ Int'l, Inc., B208192

In a derivative action alleging breach of fiduciary duty, trial court order sustaining defendant's demurrer without leave to amend is affirmed where plaintiff's standing to bring the claims against the corporation and its directors in California is governed by British Virgin Islands Business Companies Act sec. 184C requiring approval of the BVI High Court before a shareholder can sue derivatively, and the plaintiff had no such approval.

Appellate Information

  • Decided 05/26/2009
  • Published 05/26/2009


  • O'NEILL, J.*


  • California Court of Appeal


  • For Appellant:
  • Johnson Bottini,Frank J. Johnson, Francis A. Bottini, Brett M. Weaver, and Derek J. Wilson, San Diego, for Plaintiff and Appellant.

  • For Appellees:
  • Morrison & Foerster, Dan Mamalefsky and Saro Balian, Los Angeles, for Defendants and Respondents.
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