Summers

Summers v. Colette

Caution
246 Cal. Rptr. 3d 116·34 Cal. App. 5th 361
Court of Appeal of CaliforniaApril 15, 2019B285488California5,659 words

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…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.