Legal Opinion
Patrick v. Alacer Corp.
California Court of Appeal
Decided October 22, 2008No. G037261PublishedCited by 29 opinions
1Opinion of the Court
Opinion
IKOLA, J.
Plaintiff Ymelda T. Patrick appeals from a judgment of dismissal entered after the court sustained defendant Alacer Corporation’s (Alacer) demurrer to her third amended complaint without leave to amend. •Plaintiff asserted shareholder derivative and direct causes of action against Alacer and three individuals who sit on its board of directors and serve as trustees of the trust that is its sole record shareholder.
The court erred in sustaining Alacer’s demurrer to the derivative causes of action. Alacer is the real party in interest, and only a nominal defendant. It cannot demur…
2Cases cited46 opinions
- Smith v. SperlingSupreme Court of the United States · 1957
- Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
- Applied Equipment Corp. v. Litton Saudi Arabia Ltd.California Supreme Court · 1994
- Aubry v. Tri-City Hospital DistrictCalifornia Supreme Court · 1992
- Schifando v. City of Los AngelesCalifornia Supreme Court · 2003
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3Cited by29 opinions
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- Harris v. WACHOVIA MORTGAGE, FSBCalifornia Court of Appeal · 2010
- Blue Water Sunset, LLC v. MarkowitzCalifornia Court of Appeal · 2011
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