Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Citation
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Parent Document
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Jurisdiction
- California (state)
- Effective Date
- 1952-02-08
Other Sections in This Document (69)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
- Findley v. Garrett, 109 Cal. App. 2d 166 (1952)
Full Text
1,715 charsThe trial court did not abuse its discretion in not granting leave to amend. In the original complaint it was alleged upon information and belief that in furtherance of the fraudulent plan and conspiracy the organizers of Garrett acted secretly as to Douglas, its directors and stockholders. In the amended complaint it is alleged upon information and belief that each person who became a director of Douglas after 1936 did so with knowledge of the conspiracy. It thus appears that the allegations of the amended complaint directly contradict the allegations of the original complaint with respect to whether the directors of Douglas, other than those who were organizers of Garrett, had knowledge of the alleged conspiracy. No explanation, or purported explanation, is given in the amended complaint for the contradiction or complete change of theory with respect to the independent or nonprofiting directors. Plaintiff Findley, who owns two shares of stock, purchased them about two months before he made his alleged demand upon the board, and about four months before he filed the action. Plaintiff Cohen, who apparently has owned 25 shares of stock since 1935, joined Findley as a plaintiff in the amended complaint and, as above stated, he alleged upon information and belief when and how he discovered the alleged wrong. The demurrer to the original complaint was based upon defects in pleading which were similar to the defects in pleading in the amended complaint. Plaintiffs did not avail themselves of the opportunity to correct such defects after the first demurrer was sustained. It clearly appears that plaintiffs stated the facts upon which they rely as favorably to their contentions as was possible.