Is there any case law in which the cause of action pursuant to Corporations Code section 709 was abatement?

California, United States of America


The following excerpt is from Overton v. Hydro Products & Technologies, Inc., C042821. (Cal. App. 2003):

HPT contends Shahin v. Wawro, supra, 136 Cal.App.3d 749 requires abatement here. In that case, a corporate shareholder filed an action for judicial supervision of a corporate dissolution. Thereafter, the only other shareholder filed an action pursuant to Corporations Code section 709 to determine the validity of actions taken at a shareholders' meeting during which he voted to revoke the dissolution of the corporation. (Id. at pp. 751-752.) Sustaining a demurrer, the trial court dismissed the second action, including the cause of action pursuant to Corporations Code section 709. (Id. at pp. 752-753.) The appellate court agreed the second action was subject to abatement. It found that the first action, "though denominated a matter involving the corporation, is, in fact, one brought and opposed by the respective parties herein, depending for the resolution of its propriety on the same issues present in the section 709 suit." (Id. at p. 754.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
When a magistrate dismisses an action or portion of an action, can the prosecutor seek to reinstate the charges pursuant to section 871.5? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
What is the effect of a second cause of action to set aside a trustee's sale for violation of section 2923.5 and section 2924(a)(5) of the California Real Estate Code? (California, United States of America)
Is a permit issue a cause of action for breach of contract, fraud and related causes of action? (California, United States of America)
Can a plaintiff bring an inverse condemnation action against a governmental entity for damage caused to private property caused by a governmental action? (California, United States of America)
What are the elements of a section 52.1 cause of action? (California, United States of America)
Can a party continue to prosecute an action after becoming aware that the action lacks probable cause? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does a burglar who ransack a victim's car cause cause probable cause for arrest and completed unlawful vehicle taking? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.