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New Cases of Interest - July 18, 2016
Innes v. Diablo Controls, Inc. (2016) 248 Cal.App.4th 139. In this case a shareholder sought an inspection of records pursuant to Corporations Code § 1601. The corporation was a California corporation but the records which were requested were located at the corporation's office in Illinois. The corporation shipped records to California and made them available at their attorney's California office, but the shareholder found the records to be incomplete and sought a petition for a writ of mandate requiring that all requested records be made available at a California location.
The court held that the corporation's obligation was to make the records available for inspection at the office where such records were kept, and did not include an obligation to transport records kept in another state to California. It was immaterial whether the corporation's principal business office was located in California because there is no authority requiring the corporation to keep the records in its principal business office.
569 East County Boulevard, LLC v. Backcountry Against the Dump, Inc. (2016) 248 Cal.App.4th 125. A defendant prevailed on a SLAPP motion, and was awarded attorney's fees, but in an amount less than requested. The court of appeal affirmed, and indicated the trial court had discretion to determine the attorney's fees awarded because the court could reasonably find that the motion was uncomplicated and could have been handled in a routine manner by associates who billed at a lower rate than what this successful party applied for.