Wednesday, May 11, 2022

Ex-Member Lacks Standing to Sue for LLC

Sirott v. Superior Court, No. A164037 (D1d1 May 5, 2020)

Under Corporations Code § 800, to have standing to bring a derivative claim, the plaintiff needs to hold an interest in a corporation throughout the litigation. Here, the Court holds that same rule applies to a member of an LLC bringing a case decoratively under Corporations Code § 17709.02.

Writ granted.

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