TENTATIVE RULING ON DEFENDANTS MORRIS/WINGERTER/STEENBAKKERS’ DEMURRER TO SECOND AMENDED VERIFIED COMPLAINT This shareholder derivative action contends the shareholders of the Burnette Company other than plaintiff damaged the company through improper actions related to overvaluing commercial real property purchased from one of the shareholders through another company in which he held an interest. Defendants Glynn A. Morris, Pamela W. Wingerter, and Trevor J. Steenbakkers generally and specially demurs, contending plaintiff lacks standing and/or cannot state a cause of action for failing to comply with the requirement of Corporations Code Section 800 concerning derivative suits by either making a pre-litigation demand on the Board of Directors or plead with particularity futility in making such a claim.
Defendants’ Request For Judicial Notice of Exhibit “A” is Granted pursuant to Evidence Code Section 452 as a statement made by a party under penalty of perjury.
Initially defendants co
Hearing Date
April 06, 2018
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TENTATIVE RULING ON DEFENDANTS MORRIS/WINGERTER/STEENBAKKERS’ DEMURRER TO SECOND AMENDED VERIFIED COMPLAINT This shareholder derivative action contends the shareholders of the Burnette Company other than plaintiff damaged the company through improper actions related to overvaluing commercial real property purchased from one of the shareholders through another company in which he held an interest. Defendants Glynn A. Morris, Pamela W. Wingerter, and Trevor J. Steenbakkers generally and specially demurs, contending plaintiff lacks standing and/or cannot state a cause of action for failing to comply with the requirement of Corporations Code Section 800 concerning derivative suits by either making a pre-litigation demand on the Board of Directors or plead with particularity futility in making such a claim.
Defendants’ Request For Judicial Notice of Exhibit “A” is Granted pursuant to Evidence Code Section 452 as a statement made by a party under penalty of perjury.
Initially defendants co