It required the appellant to give a surety bond in the sum of $40,000, or a personal bond in the sum of $80,000, for security for expenses, including attorneys' fees, of the corporation and the individual defendants in connection with each of the first three causes of action. The trial court, in substance, found that the remedy prescribed by section 834 of the Corporations Code was properly invoked by the respondents and that the appellant should be required to give adequate security to the respondent corporation for the privilege of maintaining the first three causes of action set forth in the complaint. This motion was heard by the trial court in a contested hearing at which time affidavits were filed, testimony was adduced and oral argument was heard. Respondents subsequently moved the trial court for an order requiring appellant to furnish security, pursuant to section 834 of the Corporations Code. The fourth cause of action was brought under section 811 of the Corporations Code to remove the individual defendants from office as directors of the corporation. The first three causes of action were in the nature of a shareholders' derivative suit in which appellant, in her fiduciary capacity as a shareholder representing the corporation, sought to recover damages from the individual defendants on behalf of the corporation. McCarthy & Crow, Sacramento, and Dodge & Evans, Oakland, for respondent.Īppellant commenced this action against Ensher, Alexander & Barsoom, Inc., a California corporation, and five directors of the corporation. Steel & Arostegui, Marysville, for appellant. District Court of Appeal, Third District, California. Barsoom and Harold Barsoom, Defendants and Respondents. Ensher, Deceased, Plaintiff and Appellant,ĮNSHER, ALEXANDER & BARSOOM, INC., a California corporation, Elliott Alexander, Albert Alexander, Henry Alexander, Margaret E. 732 187 Cal.App.2d 407 Martha ENSHER, Individually and as Executrix of the Estate of H.
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