Petras v. Piedmont-Lindberg Corp.

Underwood, Judge.

Plaintiff in this shareholder’s derivative action, appeals from an order granting defendants’ motion to require him to pay the reasonable expenses incurred by them in the defense of the action, including attorney fees, as provided for by Business Corporation Code § 22-615 (e) authorizing such an award "upon final judgment and a finding that the action was brought without reasonable cause.” We remand with direction.

1. Plaintiff contends, inter alia, that since he had voluntarily dismissed the action after a day and a half of trial, there was no "final judgment” as § 22-615 (e)…