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.)
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