Allen v. Ferrera

McGEE, Judge.

The issue in this case is whether the trial court erred in dismissing plaintiffs claims pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) *286for failure to satisfy the shareholder derivative action demand requirement of N.C. Gen. Stat. § 55-7-42.

Plaintiff alleges in his complaint that he, an employee of the City of Raeford’s utility department with some residential construction experience, formed a company along with defendants Eddie and Harold Brock, realtors, to build and sell residential houses. The three named their corporation Allen & Brock Construction Company, Inc. (A&B) and…