O'Maley v. ISC Industries, Inc.

DIXON, Judge.

Plaintiff appeals from a trial court order dismissing with prejudice plaintiff’s first amended petition in a derivative action. The stated grounds for the trial court’s action were that plaintiff failed to state a claim upon which relief could be granted because plaintiff failed to allege facts showing that his intra-corporate remedy had been exhausted and that he failed to allege facts supporting the conclusion that plaintiff was fairly chosen by the class and adequately represented it. Plaintiff’s first amended petition was in seven counts.

Count I of the petition charges that…