Woodman
Woodman v. Ackerman
Opinion
Lead Opinion
Elkington, J.
This is an appeal from orders of the superior court, in a corporate shareholders’ derivative action, granting motions of defendants below and respondents here, that plaintiffs (appellants here) be required to furnish security in accordance with the provisions of Corporations Code section 834.
Section 834 provides a procedure in a shareholders’ derivative suit for requiring a plaintiff therein to furnish security for the ‘ probable reasonable expenses ’ ’ of certain defendants. The section states in part that such defendants “shall have recourse to such security in such amount as the court shall determine upon the termination of such action. The amount of such security may thereafter from time to time be increased or decreased in the discretion of the court upon showing that the security provided has or may become inadequate or is excessive. If the court, upon any such motion, makes a determination that security shall be furnished by the plaintiff as to any one or more defendants, the action shall be dismissed as to such defendant or defendants, unless the security required by the court shall have been furnished within such reasonable time as may be fixed by the court. ... If any…