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PIPEFITTERS LOCAL NO. 636 DEFINED BENEFIT PLAN v. OAKLEY, INC.

No. G040727.

180 Cal.App.4th 1542 (2010)

104 Cal. Rptr. 3d 78

PIPEFITTERS LOCAL No. 636 DEFINED BENEFIT PLAN, Plaintiff and Appellant, v. OAKLEY, INC., et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

January 13, 2010.

Attorney(s) appearing for the Case

Coughlin Stoia Geller Rudman & Robbins, Darren J. Robbins, Stephen J. Oddo, Kevin K. Green, Amanda M. Frame; Soltan & Associates and Venus Soltan for Plaintiff and Appellant.

Skadden, Arps, Slate, Meagher & Flom, Eric S. Waxman and Peter B. Morrison for Defendants and Respondents.

OPINION

ARONSON, J. —

A shareholder in a publicly traded company sought substantial attorney fees on the equitable theory of substantial benefit for causing the company to slightly revise a 166-page proxy statement in connection with a proposed acquisition. The shareholder initially sought to enjoin the acquisition, but dropped the lawsuit when the company made some changes to the final proxy statement. The shareholder filed this appeal...

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