On December 20, 2017 a
Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL MOTION TO COMPEL COMPLIANCE WITH ...)
was filed
involving a dispute between
Leevers Garrett D.,
Network Deposition Services Inc.,
Yossefi Nuriel,
Yossefi Uriel,
and
Network Deposition Services Inc.,
Yossefi Nuriel,
Yossefi Uriel,
for civil
in the District Court of Los Angeles County.
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
Civil Division
West District, Santa Monica Courthouse, Department M
SC128570 January 23, 2020
GARRETT D. LEEVERS VS NETWORK DEPOSITION 8:30 AM
SERVICES, INC.
Judge: Honorable Mark A. Young CSR: Audrey Lehman, CSR # 12738
Judicial Assistant: K. Metoyer ERM: None
Courtroom Assistant: J. Morgan Deputy Sheriff: None
APPEARANCES:
For Plaintiff(s): Michael Elliot Friedman
For Defendant(s): Howard Fisher
NATURE OF PROCEEDINGS: Hearing on Motion to Compel Motion to Compel Compliance
with Corporate Formalities and for Injunctive Relief
Pursuant to Government Code sections 68086, 70044, and California Rules of Court, rule 2.956,
Audrey Lehman, CSR # 12738, certified shorthand reporter is appointed as an official Court
reporter pro tempore in these proceedings, and is ordered to comply with the terms of the Court
Reporter Agreement. The Order is signed and filed this date.
The matter is called for hearing.
The Court has read and considered all documents filed hereto regarding the Motion to Compel
Motion to Compel Compliance with Corporate Formalities and for Injunctive Relief and
provides counsel with its written Tentative Ruling. Counsel are given the opportunity to argue.
All counsel submit on the Tentative Ruling. The Court adopts its Tentative Ruling as the Final
Ruling as follows:
**FINAL RULING**
LEGAL STANDARD
“[T]he superior court of the proper county may summarily order a meeting to be held upon the
application of any shareholder after notice to the corporation giving it an opportunity to be
heard.” (Corp. Code, § 600 (c).) The applicant must show either that “there is a failure to hold
the annual meeting for a period of 60 days after the date designated therefor or, if no date has
been designated, for a period of 15 months after the organization of the corporation or after its
last annual meeting.” (Corp. Code, § 600 (c).)
Furthermore, “[t]he shares represented at the meeting, either in person or by proxy, and entitled
to vote thereat shall constitute a quorum for the purpose of the meeting, notwithstanding any
Minute Order Page 1 of 3
Document Filed Date
January 23, 2020
Case Filing Date
December 20, 2017
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division West District, Santa Monica Courthouse, Department M SC128570 January 23, 2020 GARRETT D. LEEVERS VS NETWORK DEPOSITION 8:30 AM SERVICES, INC. Judge: Honorable Mark A. Young CSR: Audrey Lehman, CSR # 12738 Judicial Assistant: K. Metoyer ERM: None Courtroom Assistant: J. Morgan Deputy Sheriff: None APPEARANCES: For Plaintiff(s): Michael Elliot Friedman For Defendant(s): Howard Fisher NATURE OF PROCEEDINGS: Hearing on Motion to Compel Motion to Compel Compliance with Corporate Formalities and for Injunctive Relief Pursuant to Government Code sections 68086, 70044, and California Rules of Court, rule 2.956, Audrey Lehman, CSR # 12738, certified shorthand reporter is appointed as an official Court reporter pro tempore in these proceedings, and is ordered to comply with the terms of the Court Reporter Agreement. The Order is signed and filed this date. The matter is called for hearing. The Court has read and considered all documents filed hereto regarding the Motion to Compel Motion to Compel Compliance with Corporate Formalities and for Injunctive Relief and provides counsel with its written Tentative Ruling. Counsel are given the opportunity to argue. All counsel submit on the Tentative Ruling. The Court adopts its Tentative Ruling as the Final Ruling as follows: **FINAL RULING** LEGAL STANDARD “[T]he superior court of the proper county may summarily order a meeting to be held upon the application of any shareholder after notice to the corporation giving it an opportunity to be heard.” (Corp. Code, § 600 (c).) The applicant must show either that “there is a failure to hold the annual meeting for a period of 60 days after the date designated therefor or, if no date has been designated, for a period of 15 months after the organization of the corporation or after its last annual meeting.” (Corp. Code, § 600 (c).) Furthermore, “[t]he shares represented at the meeting, either in person or by proxy, and entitled to vote thereat shall constitute a quorum for the purpose of the meeting, notwithstanding any Minute Order Page 1 of 3