California Supreme Court Watch

Nov 10, 2021
Turner v. Victoria, S271054.

#21-522 Turner v. Victoria, S271054. (D076318, D076337; 67 Cal.App.5th 1099; San Diego County Superior Court; 37-2017-00009873-PR-TR-CTL, 37-2018-00038613-CU- MC-CTL.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. This case presents the following issues: (1) Does a director or officer of a California nonprofit public benefit corporation who brings an action under Corporations Code sections 5142, 5223, and/or 5233 for breach of charitable trust and/or improper conduct by directors of the trust lose standing to continue litigating the claims if he or she does not remain a director during the litigation? (2) Does the “continuous ownership” requirement of Corporations Code section 5710 for shareholder derivative standing in the for-profit context apply to derivative standing of members of a nonprofit public benefit corporation?

Review granted: 11/10/2021

Opening brief on the merits filed: 1/24/2022

Answer brief on the merits filed: 4/08/2022

Reply brief filed (case fully briefed): 6/15/2022

See the Court of Appeal Opinion.