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McDERMOTT, WILL & EMERY v. SUPERIOR COURT

No. B137829.

99 Cal.Rptr.2d 622 (2000)

83 Cal.App.4th 378

McDERMOTT, WILL & EMERY, Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Donna Smith James, et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Seven.

Review Denied December 13, 2000.

Attorney(s) appearing for the Case

John H. Sharer and Kevin S. Rosen, Los Angeles, for Petitioner.

No appearance for Respondent.

Browne Greene, Christine D. Spagnoli, Ralph B. Wegis, Bakersfield, and Stuart B. Esner, Los Angeles, for Real Parties in Interest.

WOODS, J.

INTRODUCTION

May a shareholder sue its corporation's outside counsel in a derivative action for legal malpractice arising out of counsel's representation of the corporation, where the corporation refuses a proper demand to commence the action? Under the procedural posture of this case (a denial of a motion for judgment on the pleadings), we are not called upon to address the merits of this lawsuit or whether such a suit...

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