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17704.10.
(a) Upon the request of a member or transferee, for purposes reasonably related to the interest of that person as a member or a transferee, a manager or, if the limited liability company is member-managed, a member in possession of the requested information, shall promptly deliver, in writing, to the member or transferee, at the expense of the limited liability company, a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d) of Section 17701.13, and any written operating agreement of the limited liability company.
(b) Each member, manager, and transferee has the right, upon reasonable request, for purposes reasonably related to the interest of that person as a member,
manager, or transferee, to each of the following:(1) To inspect and copy during normal business hours any of the records required to be maintained pursuant to Section 17701.13.
(2) To obtain in writing from the limited liability company, promptly after becoming available, a copy of the limited liability company’s federal, state, and local income tax returns for each year.
(c) In the case of a limited liability company with more than 35 members, each of the following shall apply:
(1) A manager shall cause an annual report to be sent to each of the members not later than 120 days after the close of the fiscal year. The report, which may be sent by electronic transmission by the limited liability company (paragraph (1) of subdivision (i) of Section
17701.02) shall contain a balance sheet as of the end of the fiscal year and an income statement and a statement of cashflows for the fiscal year.(2) Members representing at least 5 percent of the voting interests of members, or three or more members, may make a written request to a manager for an income statement of the limited liability company for the initial three-month, six-month, or nine-month period of the current fiscal year ending more than 30 days prior to the date of the request, and a balance sheet of the limited liability company as of the end of that period. The statement shall be delivered or mailed to the members within 30 days thereafter.
(3) The financial statements referred to in this section shall be accompanied by the report thereon, if any, of the independent accountants engaged by the limited liability company or, if there is no report, the certificate of
the manager of the limited liability company that the financial statements were prepared without audit from the books and records of the limited liability company.(d) A manager shall promptly furnish to a member a copy of any amendment to the articles of organization or operating agreement executed by a manager pursuant to a power of attorney from the member. The articles of organization or operating agreement may be sent by electronic transmission by the limited liability company.
(e) The limited liability company shall send or cause information to be sent in writing to each member or holder of a transferable interest within 90 days after the end of each taxable year the information necessary to complete federal and state income tax or information returns and, in the case of a limited liability company with 35 or fewer members, a copy of the limited liability company’s federal,
state, and local income tax or information returns for the year.(f) In addition to the remedies provided in Sections 17713.06 and 17713.07 and any other remedies, a court of competent jurisdiction may enforce the duty of making and mailing or delivering the information and financial statements required by this section and, for good cause shown, extend the time therefor.
(g) In any action under this section or under Section 17713.07, if the court finds the failure of the limited liability company to comply with the requirements of this section is without justification, the court may award an amount sufficient to reimburse the person bringing the action for the reasonable expenses incurred by that person, including attorney’s fees, in connection with the action or proceeding.
(h) Any waiver of the rights provided in
this section shall be unenforceable.(i) Any request, inspection, or copying by a member or holder of a transferable interest may be made by that person or by that person’s agent or attorney.
(j) Upon complaint that a limited liability company is failing to comply with the provisions of this section, or to afford to the members rights given to them in the articles of organization or operating agreement, the Attorney General may, in the name of the people of the State of California, send to the office required to be maintained pursuant to Section 17701.13, notice of the complaint.
(k) If the answer of the limited liability company is not received within 30 days of the date the notice was transmitted, or if the answer is not satisfactory, and if the enforcement of the rights of the aggrieved persons by private civil
action, by class action, or otherwise, would be so burdensome or expensive as to be impracticable, the Attorney General may institute, maintain, or intervene in any court of competent jurisdiction or before any administrative agency for relief by way of injunction, the dissolution of entities, the appointment of receivers, or any other temporary, preliminary, provisional, or final remedies as may be appropriate to protect the rights of members or to restore the position of the members for the failure to comply with the requirements of Section 17701.13 or the articles of organization or the operating agreement. In any action, suit, or proceeding, there may be joined as parties all persons and entities responsible for or affected by the activity.
b) Corporations Code section 17704.10(a) and 17704.10(f) provide that a member of a limited liability company such as Respondent may ask the company’s manager for an opportunity to inspect and copy the company’s records. If the manager of the company fails to comply “a court of competent jurisdiction may enforce the duty … .” Section 17704.10(f).
IN THE MATTER OF DONALD D JACKSON AND DOROTHY R JACKSON FAMILY TRUST A)
PR-22-000975
Aug 29, 2023
Stanislaus County, CA
that are not reasonably related to his interest under California Corporations Code section 17704.10(b).
BLONSKI V. ENSO WEALTH MANAGEMENT, LLC
SCV-265856
Aug 04, 2021
Patrick M
Sonoma County, CA
However, the specific relief sought under the Corporations Code Section 17704.10 is reserved for the jurisdiction of this Court. In addition, the relief sought would essentially be injunctive relief that would be excluded under the arbitration agreement. The Court will hear the scope of the relief when it considers the writ petition set for October 9, 2020.
STRATEGIC ASSET MANAGEMENT GROUP LLC VS WEALTH ANALYTICS PARTNERS LLC
37-2019-00066972-CL-MC-CTL
Aug 27, 2020
San Diego County, CA
Other
Intellectual Property
On 6/25/2021, Plaintiff Farbod Sadegh (Plaintiff) filed suit against Reliant Motor Group, LLC (Reliant), Joshua Gille, Gille Enterprises, and Mark Kim, alleging: (1) breach of fiduciary duty; (2) wrongful discharge in violation of public policy; (3) breach of operating agreement; (4) retaliation; (5) violation of California Labor Code section 1198.5(b); (6) violation of California Corporations Codes section 17704.10(a); (7) violation of California Corporations Codes section 17704.10(b); and (8) violation of
FARBOD SADEGH VS RELIANT MOTOR GROUP, LLC, ET AL.
21STCV23627
Mar 01, 2023
Los Angeles County, CA
The operative Second Amended Complaint (“SAC”) was filed on March 5, 2018, and asserts causes of action for breach of fiduciary duty, fraud (misrepresentation), fraud (concealment), securities fraud, and violation of Corporations Code section 17704.10. Plaintiffs allege that they were fraudulently induced by Defendants into making certain commercial real estate investments.
RAYOND SHOFLER ET AL VS ALAN C FOX ET AL
BC679693
Mar 04, 2020
Los Angeles County, CA
Personal Injury/ Tort
Fraud
Mar 22, 2016
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Partnership & Corporate Governance Case (General Jurisdiction)
Securities
Business Governance
Aug 04, 2022
Active
Stanley Mosk
Los Angeles County, CA
Other Breach of Contract/Warranty (not fraud or negligence) (General Jurisdiction)
Commercial
Breach of Contract
Sep 21, 2018
Dismissal
Stanley Mosk Courthouse
Los Angeles County, CA
Fraud (no contract) (General Jurisdiction)
Commercial
Breach of Contract
Oct 28, 2019
Dismissal
San Mateo County
San Mateo County, CA
Dec 17, 2019
Active
Superior
San Diego County, CA
Misc Complaints - Other
n a 4821-6668-3604v1 LSOCKOLOV\28551002 E-FILED 12/16/2020 8:02 PM JONATHAN D. WOLF, CA STATE BAR No. 127043 Clerk of Court BERLINER COHEN, LLP Superior Court of CA, TEN ALMADEN BOULEVARD ELEVENTH FLOOR County of Santa Clara SAN JOSE, CALIFORNIA 95113-2233 20CV374820 TELEPHONE: (408) 286-5800 Reviewed By: M Vu FACSIMILE: (408) 998-5388 jonathan. wolf@berliner.com ATTORNEYS FOR PLAINTIFF BRYAN R. GRANUM SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA BRYAN R. GRANUM, CASENO. 2003748…
Dec 16, 2020
Active
Santa Clara County, CA
Dec 16, 2020
Other Complaint (Not Spec) Unlimited (42)
| 1 | PATRICIA J. MEDINA (SBN 201021) MEDINA LAW CORPORATION 2 || 700 Larkspur Landing Circle, Suite 199 Larkspur, CA 94939 3 || Telephone: 415/341-5673 a Email: pmedina@PatriciaMedinaLaw.com ; Attorney for Plaintiff Rosa Maria Richardson 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SANTA CLARA 10 UNLIMITED JURISDICTION 11 12 | ROSA MARIA RICHARDSON, an individual; 13 Plaintiff, Case No. 18CV324826 14 vs. PLAINTIFF ROSA MARIA RICHARDSON’S| 15 sae APPLICATION FOR AT…
Mar 16, 2018
Active
Santa Clara County, CA
May 24, 2019
Fraud Unlimited (16)
| 1 | PATRICIA J. MEDINA (SBN 201021) MEDINA LAW CORPORATION 2 || 700 Larkspur Landing Circle, Suite 199 Larkspur, CA 94939 3 || Telephone: 415/341-5673 a Email: pmedina@PatriciaMedinaLaw.com ; Attorney for Plaintiff Rosa Maria Richardson 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SANTA CLARA 10 UNLIMITED JURISDICTION 11 12 | ROSA MARIA RICHARDSON, an individual; 13 Plaintiff, Case No. 18CV324826 14 vs. PLAINTIFF ROSA MARIA RICHARDSON’S| 15 sae APPLICATION FOR AT…
Mar 16, 2018
Active
Santa Clara County, CA
Dec 02, 2019
Fraud Unlimited (16)
FELE OCT 2 2‘12018 OWOOVQUIADJN— SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA SURJEET SOHAL, direcly and derivatively on Case No. 115-CV-284698 behalf of Rosewater Hall, LLC …
Aug 21, 2015
Active
Santa Clara County, CA
Oct 22, 2018
Breach of Contract/Warranty Unlimited(06)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES Civil Division Central District, Stanley Mosk Courthouse, Department 17 21STCV23627 March 16, 2022 FARBOD SADEGH vs RELIANT MOTOR GROUP, LLC, et 9:30 AM al. Judge: Honorable Jon R. Takasugi CSR: None Judicial Assistant: A. Escobar …
Los Angeles County, CA
Mar 16, 2022
Other Contract Dispute (not breach/insurance/fraud/negligence) (General Jurisdiction)
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