How have the courts interpreted the language of the majority opinion in a motion that reverses the trial court's judgment that proxies cannot be used in the election of directors?

California, United States of America


The following excerpt is from Braude v. Automobile Club of Southern Cal., 144 Cal.Rptr. 169, 78 Cal.App.3d 178 (Cal. App. 1978):

I concur in that part of the judgment and that part of the majority opinion which reverses the trial court's judgment that (a) declares proxies may not be used in the election of directors and (b) awards attorney's fees. However, in other respects I believe that the language of the majority opinion, as well as the trial court, too liberally interprets the decision and holding of Braude v. Havenner, 38 Cal.App.3d 526, 529, 113 Cal.Rptr. 386.

Page 175

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