JOIN CHEN AND HUI KAI’S HEARING ON DEMURRER
TENTATIVE RULING:
Defendants J&J Seafoods Corporation et al’s Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.
Plaintiff Judy Su’s Complaint fails to comply with the requirements proscribed in Cal Corp Code §800(b)(2). Nothing in the Complaint, suggest that Plaintiff informed Defendant Kai about the action nor did Plaintiff provide sufficient facts, with particularity, to demonstrate that any efforts to inform Defendant Kai would be “useless” or “futile”.
In opposing the demurrer, Plaintiff relies on Paragraph 16 of the Complaint to satisfy the requirements of Corps.C. § 800(b)(2). Plaintiff’s reliance on Paragraph 16 fails for two reasons. First, the fact that the Corporations business was sold 2013 does not excuse the demand requirement. Corps.C. § 2010(a) provides that “A corporation which is dissolved nevertheless continues to exist for the purpose of winding up its affairs, prosecuting and defending actions by or against it…”.
Hearing Date
January 29, 2018
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JOIN CHEN AND HUI KAI’S HEARING ON DEMURRER
TENTATIVE RULING:
Defendants J&J Seafoods Corporation et al’s Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND.
Plaintiff Judy Su’s Complaint fails to comply with the requirements proscribed in Cal Corp Code §800(b)(2). Nothing in the Complaint, suggest that Plaintiff informed Defendant Kai about the action nor did Plaintiff provide sufficient facts, with particularity, to demonstrate that any efforts to inform Defendant Kai would be “useless” or “futile”.
In opposing the demurrer, Plaintiff relies on Paragraph 16 of the Complaint to satisfy the requirements of Corps.C. § 800(b)(2). Plaintiff’s reliance on Paragraph 16 fails for two reasons. First, the fact that the Corporations business was sold 2013 does not excuse the demand requirement. Corps.C. § 2010(a) provides that “A corporation which is dissolved nevertheless continues to exist for the purpose of winding up its affairs, prosecuting and defending actions by or against it…”.