Krawczyk

Filed 8/27/21 Krawczyk v. Cook CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

JOHN F. KRAWCZYK II, H046506

(Santa Clara County Plaintiff and Appellant, Super. Ct. No. 1-14-CV262174)

v.

TIMOTHY D. COOK et al.,

Defendants and Respondents.

Plaintiff John F. Krawczyk II challenges the superior court’s dismissal of his shareholder derivative action against defendants Apple Inc. and five individuals who were members and former members of Apple’s Board of Directors. The court sustained defendants’ demurrer to plaintiff’s third amended complaint (TAC) without leave to 1 amend on the ground that plaintiff had failed to adequately plead demand futility. Plaintiff claims that the TAC adequately pleaded demand futility and, alternatively,…