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APPLE INC. v. SUPERIOR COURT

No. H044133.

18 Cal.App.5th 222 (2017)

APPLE INC. et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE POLICE RETIREMENT SYSTEM OF ST. LOUIS et al., Real Parties in Interest.

Court of Appeals of California, Sixth District.

December 11, 2017.

Attorney(s) appearing for the Case

O'Melveny & Myers, Seth A. Aronson , Michael F. Tubach ; Sidley Austin and Norman J. Blears for Petitioners.

No appearance for Respondent.

Robbins Arroyo, Brian J. Robbins , Kevin A. Seely , Gina Stassi , Michael J. Nicoud ; Cotchett, Pitre & McCarthy, Joseph W. Cotchett , Nancy L. Fineman , Mark C. Molumphy and Camilo Artiga-Purcell for Real Parties in Interest.

OPINION

This writ petition presents an issue of first impression concerning the demand futility pleading requirement in a shareholder derivative suit under California law. The question is whether a plaintiff alleging derivative claims in an amended complaint following the grant of leave to amend must plead demand futility...

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