California Code of Regulations|§ 90 - Notice of Findings

Respondent maintains Section 90 of the CCDS bylaws allow its Board to remove any CCDS officer by two-thirds vote, when it is in best interest of the Society. Section 90 provides, “Any director or officer may be removed by the Board of Directors whenever, in its judgment, the best interest of the Society would be served thereby.” Petitioner argues that a trustee is neither a “director” nor an “officer” and therefore not subject to removal by the CCDS Board under Section 90.

Respondent maintains Section 90 of the CCDS bylaws allow its Board to remove any CCDS officer by two-thirds vote, when it is in best interest of the Society. Section 90 provides, “Any director or officer may be removed by the Board of Directors whenever, in its judgment, the best interest of the Society would be served thereby.” Petitioner argues that a trustee is neither a “director” nor an “officer” and therefore not subject to removal by the CCDS Board under Section 90.

(d) If the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1 or is n ot verifie d, a general denial is sufficient but only puts in issue the material allegations of the complaint. If the complaint is verified , unless the complaint is subject to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1 of Part 1, the denial of the allegations shall be made positively or according to the information and belief of the defendant. ...