Ressler v. Piontak CA2/8
This appeal is from the judgment entered after the sustaining of an unopposed demurrer to the complaint. Plaintiffs James Ressler and Lauren Karp, and defendant Lenny Piontak were shareholders of a corporation, Luxe West, Inc. Defendant Michelle Sivertsen is Mr. Piontak’s daughter and was employed by the business. Plaintiffs sued defendants, alleging they plundered business assets and failed to pay taxes. Defendants demurred, arguing plaintiffs lacked standing to make derivative claims belonging to the corporation, among other arguments. Plaintiffs did not oppose the demurrer, but filed a first amended complaint after the deadline to file their opposition to the demurrer. The trial court rejected the untimely first amended complaint for filing and sustained the unopposed demurrer without leave to amend. We affirm.
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