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TRIYAR HOSPITALITY MANAGEMENT, LLC v. WSI (II)—HWP, LLC

No. B301158.

57 Cal.App.5th 636 (2020)

271 Cal. Rptr. 3d 711

TRIYAR HOSPITALITY MANAGEMENT, LLC, Plaintiff; STEVEN YARI et al., Appellants, v. WSI (II)—HWP, LLC, Defendant and Respondent.

Court of Appeals of California, Second District, Division Six.

As modified November 20, 2020.

Attorney(s) appearing for the Case

Horvitz & Levy, David M. Axelrad , S. Thomas Todd , Scott Dixler ; Loeb & Loeb, David A. Grossman and Benjamin R. King for Appellants.

Stroock & Stroock & Lavan, Julia B. Strickland , John R. Loftus , David W. Moon and Ali Fesharaki for Defendant and Respondent.

OPINION

There are numerous ways in which an LLC or corporation is undercapitalized. Here, wealthy principals of an LLC withdraw or add money at will. This enviable position does not allow the LLC to become undercapitalized when its shareholders intend to avoid liability.

This is an appeal from an order amending...

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