Hagan v. Superior Court

SCHAUER, J., Dissenting.

The majority direct issuance of the peremptory writ of prohibition “to restrain respondent court from enforcing its order requiring petitioners to post security” under the provisions of section 834 of the Corporations Code, which deals with stockholders’ derivative actions, and to further restrain that court from entering judgment in an involuntary dissolution proceeding until petitioners have been accorded an opportunity to establish their status as shareholders in the subject corporation and to exercise certain claimed rights as intervenors. In my view petitioners…