Cziraki v. Thunder Cats, Inc.

Opinion

JOHNSON, Acting P. J.

A successful plaintiff in a minority shareholder’s derivative action appeals the trial court’s denial of his motion for attorney fees. He contends the court’s judgment created a common fund and substantial benefit for defendant corporation, and thus the court should have awarded him fees. The trial court did not believe it could apply the common fund or substantial benefit doctrine in a derivative suit involving a close corporation with a small number of shareholders. The corporation argues the trial court was correct on that issue and even if it erred in refusing…