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KRUSS v. BOOTH

No. G041738.

185 Cal.App.4th 699 (2010)

ALAN KRUSS, Plaintiff and Appellant, v. JESS RAE BOOTH et al., Defendants and Respondents.

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

June 11, 2010.

Attorney(s) appearing for the Case

Glancy Binkow & Goldberg, Lionel Z. Glancy, Neal A. Dublinsky, Jala A. Amsellem and Kara M. Wolke for Plaintiff and Appellant.

Fredman Lieberman, Marc A. Lieberman and Alan W. Forsley for Defendants and Respondents Jess Rae Booth, Walter Carlson, Glenn Easterbrook and James Kangas.

Kaufman, Borgeest & Ryan, Jeffrey S. Whittington and Nicholas W. Sarris for Defendant and Respondent The Estate of Larry S. Poland.

OPINION

SILLS, P. J.—

As we explain anon, plaintiff in this difficult shareholder derivative suit must be given leave to amend his second amended complaint so as to allege violations of director fiduciary duty under California law. Plaintiff had alleged violations of California law in his prior, first amended complaint, but the trial court—erroneously as we show below—thought the case was governed by Nevada law and required...

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