Haro v. Ibarra, No. B213499

In an action brought by doctors who were former shareholders of a medical corporation, trial court's dismissal of the complaint is reversed and remanded where: 1) the second amended complaint states a cause of action; and 2) equitable circumstances alleged in the case warrant an exception to the requirement that plaintiffs maintain continuous ownership of the shares in order to bring a shareholder derivative action.     

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Appellate Information

Filed December 23, 2009

Judges

Opinion by Judge Chaney

Counsel
For Appellant:   Nunziato Buckley Weber, Tom A. Nunziato and Illece Buckley Weber

For Appellee:   Christensen & Auer, Stephen G. Auer and Vicki C. Gadbois; Herzfeld & Rubin, Craig L. Winterman and Stephanie L. Rockey; Reback, McAndrews, Kjar, Warford & Stockalper, Robert C. Reback and Thien T. Nguyen