Can pleadings overcome the business judgment rule so that a derivative action can be maintained?
California, United States of America
The following excerpt is from U.S. Fund & Inv. Consultants v. McCauly, C083140 (Cal. App. 2019):
The question of whether pleadings suffice to overcome the business judgment rule so that a derivative action may be maintained "presents us with a pure question of law to which we apply our independent review." (Desaigoudar v. Meyercord, supra, 108 Cal.App.4th at p. 183.)
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