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DONNER MANAGEMENT CO. v. SCHAFFER

No. D046439.

48 Cal.Rptr.3d 534 (2006)

142 Cal.App.4th 1296

DONNER MANAGEMENT COMPANY et al., Plaintiffs, Cross-Defendants and Appellants, v. Michael SCHAFFER, Defendant, Cross-Complainant and Respondent.

Court of Appeal of California, Fourth District, Division One.

September 13, 2006.

Attorney(s) appearing for the Case

Duckor Spradling Metzger & Wynne, Scott L. Metzger, Robert M. Shaughnessy and Geoffrey C. Chackel, San Diego, for Plaintiffs, Cross-Defendants and Appellants.

Richard W. Weinthal; Gladych & Associates, John A. Gladych, Newport Beach, and Lauren L. McNerney, Long Beach, for Defendant, Cross-Complainant and Respondent.

Certified for Partial Publication.*

HALLER, Acting P.J.

Donner Management Company1 appeals from an order awarding attorney fees to Michael Schaffer, following the dismissal without prejudice of Donner's shareholder derivative lawsuit against Schaffer and nominal defendant Asia Web Holdings, Inc. (Asia Web).2 In the published portion of this opinion, we hold that when at...

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