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BADER v. ANDERSON

No. H032372.

179 Cal.App.4th 775 (2009)

LAURI COHEN BADER, Plaintiff and Appellant, v. FRED D. ANDERSON et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

CERTIFIED FOR PARTIAL PUBLICATION

Attorney(s) appearing for the Case

Law offices of Jeffrey M. Forster, Jeffrey M. Forster; Ballon Stoll Bader & Nadler and Irving Bizar for Plaintiff and Appellant.

Fenwick & West, Dean S. Kristy, Kevin P. Muck and Jennifer C. Bretan for Defendants and Respondents.

OPINION

DUFFY, J.—

Management of a corporation, including decisions concerning the prosecution of actions, is vested in its board of directors. When the board refuses to enforce corporate claims, however, the shareholder derivative suit provides a limited exception to the rule that the corporation is the proper party plaintiff. In deference to the managerial role of directors and...

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