Summers
Summers v. Colette
Opinion
Lead Opinion
Segal, J.
*364 INTRODUCTION
While serving as a director of a nonprofit public benefit corporation called Wildlife Waystation, Margaret Summers filed this action against the Waystation and another director, Martine Colette, alleging self-dealing and other misconduct by Colette. Colette and the Waystation demurred to the complaint, arguing Summers, who as a director had standing to bring this action when she filed it, lost standing when the Waystation board of directors later removed her as a director. The trial court sustained the demurrers without leave to amend.
We conclude that Summers did not lose standing to maintain this action when the Waystation removed her as a director and that the trial court erred in not granting Summers leave to amend to add the Attorney General as an indispensable party. Therefore, we reverse and remand with directions to overrule the demurrers based on lack of standing and allow Summers to add the Attorney General as a party to this action.
FACTUAL AND PROCEDURAL BACKGROUND
A. After Summers Files This Action, the Waystation Removes Her as a Director
Summers filed this action against Colette and the Waystation to assert "claims *119 ... as a director on…