Max v. 8E6 Corp. CA2/1
Appellant David Max challenges the trial court’s order requiring him to post a bond under Corporations Code section 800 and the ultimate dismissal of his lawsuit after the court sustained, without leave to amend, a demurrer to Max’s complaint against 8e6 Corp. (8e6), 8e6 agents George Shih, Frank Wood, Mahendra Vora, and Rodney Miller (the individual respondents), and several entities owned or controlled by the individual respondents.
Max’s complaint alleges three causes of action: a derivative breach of fiduciary duty cause of action regarding the individual respondents’ improper use of corporate funds to pay their legal fees in both this and a previous lawsuit; an individual cause of action to recover the attorney fees Max incurred in a previous lawsuit seeking inspection of 8e6 corporate records; and a “mixed” cause of action containing both an individual fraud claim and a derivative breach of fiduciary duty claim.
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