Donlin v. Murphy

¶1 — John Donlin appeals the trial court’s dismissal of his shareholder derivative claims brought under CR 23.1 on the ground that he lacked standing to bring suit on behalf of an administratively dissolved corporation whose assets had been sold through a receivership. Because Jerry Murphy’s CR 12(b)(6) motion to dismiss was procedurally improper and because under the Washington Business Corporation Act (WBCA), Title 23B RCW, shareholder *291standing to assert derivative claims survives the administrative dissolution of the corporation, we reverse the trial court’s CR 12(b)(6) dismissal order and…