Legal Opinion
Apple Inc. v. Superior Court of Santa Clara Cnty.
California Court of Appeal, 5th District
Decided December 11, 2017No. H044133PublishedCited by 12 opinions
1Opinion of the CourtPremo, J.
*231This writ petition presents an issue of first impression concerning the demand futility pleading requirement in a shareholder derivative suit under California law. The question is whether a plaintiff alleging derivative claims in an amended complaint following the grant of leave to amend must plead demand futility with respect to the board of directors in place as of the filing of the amended complaint or the initial complaint, when the composition of the board of directors has changed in the interim.
Petitioners Apple Inc. (Apple), Timothy Cook, Millard Drexler, and Arthur Levinson (together…
2Cases cited36 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Aronson v. LewisSupreme Court of Delaware · 1984
- Brehm v. EisnerSupreme Court of Delaware · 2000
- Hawes v. OaklandSupreme Court of the United States · 1882
- Rales v. Blasband Ex Rel. Easco Hand Tools, Inc.Supreme Court of Delaware · 1993
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3Cited by12 opinions
- Bushansky v. Soon-Shiong, California Court of Appeal, 5th District2018
- Barenbaum v. FTE Networks, IncDistrict Court, S.D. New York · 2020
- Bushansky v. Soon-ShiongCalifornia Court of Appeal · 2018
- Cal. Dept. of Tax and Fee Administration v. Super. Ct.California Court of Appeal · 2020
- County of Santa Clara v. Super. Ct.California Court of Appeal · 2023
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