Legal Opinion
Gaillard v. Natomas Co.
California Court of Appeal
Decided October 18, 1985No. A027033PublishedCited by 27 opinions
1Opinion of the Court
Opinion
SCOTT, J.
Tilly Gaillard (Gaillard) appeals from an order of dismissal entered subsequent to the sustaining of respondents’ 1 demurrer to her first amended complaint. 2 We conclude that the involuntary divestment of stock, by reason of merger, does not prevent an individual from obtaining the grant of standing under Corporations Code section 800, subdivision (b)(1), where that individual was a shareholder of record at the time of filing the derivative action and at the time of the transaction of which he or she complains. As Gaillard has fulfilled this contemporaneous ownership…
2Cases cited19 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Clean Air Constituency v. California State Air Resources BoardCalifornia Supreme Court · 1974
- Lewis v. AndersonSupreme Court of Delaware · 1984
- Great Lakes Properties, Inc. v. City of El SegundoCalifornia Supreme Court · 1977
- Bokat v. Getty Oil CompanySupreme Court of Delaware · 1970
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3Cited by27 opinions
- Grosset v. WenaasCalifornia Supreme Court · 2008
- Alford v. ShawSupreme Court of North Carolina · 1990
- Gaillard v. Natomas Co.California Court of Appeal · 1989
- Batchelder v. KawamotoCourt of Appeals for the Ninth Circuit · 1998
- In Re Imperial Corporation of America, Related Litigation. Federal Deposit Insurance Corporation, in Its Corporate Capacity and as Receiver for Imperial Federal Savings Association v. Robert S. Alshuler, and Barclay Davidson, Michael Lea, and Anthony E. Maniscalco, Ii, Federal Deposit Insurance Corporation, in Its Corporate Capacity and as Receiver for Imperial Federal Savings Association v. Mark L. Kline, Federal Deposit Insurance Corporation, in Its Corporate Capacity and as Receiver for Imperial Federal Savings Association v. Robert S. Alshuler, and Gary M. CypresCourt of Appeals for the Ninth Circuit · 1996
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