White Winston Select Asset Fund Series Fund MP-18, LLC, v. MusclePharm Corporation,

Judge Mary Strobel

Hearing: February 25, 2021

19STCV26426

Tentative Decision on Petition for Writ of Mandate

Petitioner White Winston Select Asset Fund Series Fund MP-18, LLC (“Petitioner”) petitions for a writ of mandate directing Respondent MusclePharm Corporation (“Respondent” or “MusclePharm”) to comply with Petitioner’s demand to inspect corporate records under Corporations Code sections 1501, 1600, and 1601. Petitioner also seeks orders (1) directing Respondent to pay Petitioner $1,500 in penalties pursuant to Corporations Code section 2200; and (2) appointing an inspector or accountant, at Respondent’s expense, to audit Respondent’s books and records and investigate the affairs of the corporation under Corporations Code section 1603(c).

Judicial Notice

Petitioner’s RJN Exhibits 4-7 – Granted.

Respondent’s RJN Exhibits 1-31 – Granted.

Background

The Parties

Respondent “is a publicly-tra