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State Courts -
California - May 17, 2006
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Donner Management Co. v. Schaffer, D046439,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, May 17, 2006, Filed
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Overview: Although shareholders voluntarily posted security under Corp. Code, § 800, for attorney fees in a derivative lawsuit and obtained dismissal without prejudice after a special litigation committee defense was established, a director was entitled to attorney fees because the defense supported an implied finding of no reasonable possibility of benefit.
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Paulus v. Bob Lynch Ford, Inc., H028629,
COURT OF APPEAL OF CALIFORNIA, SIXTH APPELLATE DISTRICT, May 17, 2006, Filed
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Overview: Because individual did not make prima facie showing that competitor's prior suit attempting to block his business development lacked probable cause, which was essential element of malicious prosecution claim, trial court properly granted competitor's special motion to strike individual's malicious prosecution claim under Code Civ. Proc., § 425.16.
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