Barrios

Filed 1/20/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

ALBERT BARRIOS, B341773

Plaintiff and Appellant, Los Angeles County Super. Ct. No. BC605281 v.

PATRICK CHRAGHCHIAN,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Theresa Traber, Judge. Affirmed. Law Offices of Bruce Altschuld and Bruce Altschuld for Plaintiff and Appellant. Ervin Cohen & Jessup and Barry McNaughton for Defendant and Respondent. ____________________ To guard against frivolous derivative suits, defendants can move to require the plaintiff to post a bond early in the litigation. (Corp. Code, §§ 800 [regarding derivative suits against corporations], 17709.02 [regarding derivative suits against limited liability companies].) If the plaintiff loses the derivative suit, the defendant can collect its costs against the bond. This case presents an unusual twist on this bond situation. A losing plaintiff in a derivative lawsuit claims the bond statute blocks the defense ability to collect the costs that ordinarily go to victors. This claim is invalid.…