Kruss v. Booth

Opinion

SILLS, P. J.

As we explain anon, plaintiff in this difficult shareholder derivative suit must be given leave to amend his second amended complaint so as to allege violations of director fiduciary duty under California law. Plaintiff had alleged violations of California law in his prior, first amended complaint, but the trial court—erroneously as we show below—thought the case was governed entirely by Nevada law and required plaintiff to plead violations of Nevada law in the second amended complaint.

But then, even though plaintiff had alleged violations of fiduciary duty under Nevada…