O'HARE
O'HARE v. Marine Electric Co.
Opinion
Opinion
Draper, J.
After sustaining of demurrer to her complaint, plaintiff amended. Defendant corporation and all four individual defendants demurred to the amended complaint. The demurrers were sustained. Plaintiff was granted leave to amend, but formally declined to do so. Judgment of dismissal was entered, and plaintiff appeals.
The amended complaint alleges that: since 1949 plaintiff has owned 35 shares of defendant corporation, which is a minority interest; each individual defendant was and is “an officer and/or director and/or shareholder” of defendant corporation; “over a period of many years” they have “participated ... in the distribution of benefits from the assets” of the corporation “in the nature of dividends” (later alleged to be “in the substantial nature of divi dends”) to themselves. On information and belief, it is alleged the benefits “took the form of payment for services not performed, of retirement and purchase of shares by the company ... and ‘distribution ... in the nature of a partial liquidation ... on terms not made available to plaintiff. ’ ’ ’ The only moderately specific allegation of any such act, again on information and belief, is that in 1959 the corporation…