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PACLINK COMMUNICATIONS v. SUPERIOR COURT

No. B149318.

109 Cal.Rptr.2d 436 (2001)

90 Cal.App.4th 958

PACLINK COMMUNICATIONS INTERNATIONAL, INC., et al., Petitioners, v. The SUPERIOR COURT of Los Angeles County, Respondent; Ivan Yeung et al., Real Parties in Interest.

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

July 19, 2001.

Attorney(s) appearing for the Case

Gronemeier & Associates, Dale L. Gronemeier, South Pasadena, Kristine L. Olsen; Law Offices of Albert C. Lum and Albert C. Lum, South Pasadena, for Petitioners.

No appearance for Respondent.

Steven L. Sugars, San Marino, and George L. Young, for Real Parties in Interest.

CHARLES S. VOGEL, P.J.

INTRODUCTION

In this mandate proceeding, we conclude that three causes of action alleged by members of a limited liability company against two defendants can only be brought as a derivative action on behalf of the company. We therefore issue a writ compelling the superior court to sustain without leave to amend the demurrer filed on that basis.

FACTUAL AND PROCEDURAL BACKGROUND

Because the function of a demurrer is...

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