An action to defeat a corporate election pursuant to Corp. Code § 709 is a broad-base equity action in which the court may examine the entire transaction without being limited t technical or procedural issues and may adjust the rights of the parties to do justice among them By according standing to any person who claims to have been denied the right to vote, it appear that the Legislature intended to significantly lower the barriers to bringing an action unde section 709, and allow the court to consider the merits of the action without first determinin whether the petitioning party did in fact have a legal right to vote.” (Haah v. Kim (2009) 17 Cal.App.4th 45, 53-55) On demurrer, the complaint is to be given a reasonable interpretation, admitting the trut of all material facts properly pleaded. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962 967) Plaintiffs have sufficiently pleaded standing to bring a Corp. Code § 709 action, therefor the demurrer is overruled. Requests for Jud
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An action to defeat a corporate election pursuant to Corp. Code § 709 is a broad-base equity action in which the court may examine the entire transaction without being limited t technical or procedural issues and may adjust the rights of the parties to do justice among them By according standing to any person who claims to have been denied the right to vote, it appear that the Legislature intended to significantly lower the barriers to bringing an action unde section 709, and allow the court to consider the merits of the action without first determinin whether the petitioning party did in fact have a legal right to vote.” (Haah v. Kim (2009) 17 Cal.App.4th 45, 53-55) On demurrer, the complaint is to be given a reasonable interpretation, admitting the trut of all material facts properly pleaded. (Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962 967) Plaintiffs have sufficiently pleaded standing to bring a Corp. Code § 709 action, therefor the demurrer is overruled. Requests for Jud