Legal Question in Business Law in California

Corporate election

We filed an action 1-5-07 under Cal. Corp Code 709/7616, requesting the court's intervention with regard to our association election held on Mar. 10, 2006, which the inspectors refused to certify due to forgery and fraud on the proxies. Defendants filed a demurrer, based on the 9 month limitation in Corp Code 7527. We argued that there were issues of fraud and the 9 month limit was inapplicable. The court stated that we didnt prove that there was fraud and granted the demurrer without leave to amend. We still havent had our election from 06, and now the election for March 07 has been postponed (due to no quorum, another issue is do we fall under the Time Share act (bylaws cant set quorum at higher than 33%_ or Davis Stirling ? ) What is the best way to deal with the sustained demurrer - motion to reconsider or appeal? What elements do we have to show to invoke the fraud exception to the 9 months. Also last yrs election was postponed to May 06 then to June 06, but never happened. The only reason this years election was scheduled was to deceive the coiurt into believing that it was being handled. HELP, theres so much more. What can we do to get this fixed ? The Court refused to set a hrg in 5 days as 7616 requires. HELP


Asked on 3/20/07, 11:58 am

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Corporate election

"HELP"? Sure. Don't depend on anonymous, free, uninformed advice. You need to hire counsel and fight the legal battle you describe. It may or may not involve appeals, motions, discovery, administrative procedings, etc. Only a thorough review of the facts and background would allow an attorney to render an opinion, or to help in a meaningful way. If you haven't had counsel, is there any surprise at losing a detailed and multi-step legal procedure? Feel free to contact me when you're ready to do so.

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Answered on 3/20/07, 2:41 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Corporate election

A motion for reconsideration is only proper where there are new or different facts, circumstances or law which could not reasonably have been brought to the court's attention the first time around. It is not enough that these items were left out of the original motion; there must be a valid reason why they could not have been presented. Nothing you wrote suggests that you have grounds for such a motion, though with more information I might see things differently.

You can file a notice of appeal once the court enters a judgment. Feel free to contact me if you want to discuss this option further; I am a certified specialist in appellate practice (per the State Bar's board of legal specialization) and have a great deal of experience in such matters.

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Answered on 3/20/07, 3:08 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Corporate election

Appeal. Call me directly at 1.619.222.3504.

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Answered on 3/20/07, 3:15 pm


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