Posts by Micah JacobsPartnerMicah Jacobs is a trial lawyer who specializes in complex commercial, business, and intellectual property litigation, including breach of contract disputes, partnership disputes, patent infringement and trade secrets, unfair ...
The California Court of Appeal recently affirmed a trial court’s decision to award costs to a prevailing defendant in a member derivative action, even though the derivative plaintiff defeated a bond motion under Cal. Corp. Code §17709.02 at the outset of the case. In Barrios v. Chraghchian, No. B341773, 2026 WL 145207, *1 (Cal. Ct. of Appeal, Jan. 20, 2026), the plaintiff, Mr. Barrios, was an investor in the limited liability company and brought derivative claims against the company's managers, including the named defendant, Mr. Chraghchian, alleging that under their direction the company engaged in unauthorized transactions.
On September 30, 2023, California Governor Gavin Newsom signed into law Senate Bill (SB) No. 235, now codified as California Code of Civil Procedure section 2016.090, introducing a significant shift towards encouraging proactive initial disclosures in state court civil litigation. This legislative change amends California’s Civil Discovery Act to include proactive initial disclosure rules that align with those used in Federal Court. Effective for almost all civil cases filed after January 1, 2024, until January 1, 2027, this amendment heralds a new era of discovery rules in California that aim to foster judicial efficiency, transparency, and fairness in civil litigation.
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Recent Posts
- When Applying for Contracts of Insurance, Disclose or Prepare to Have Your Wings Clipped
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- In Cases Involving Financial Transactions, the Money is in the Provable Facts
- California Secretary of State Implements New Filing Access Requirements for Third Party Filings
- Can a Delaware Forum Selection Clause Strip California Shareholders of Their Inspection Rights Where California is the Company’s Principal Place of Business? A California Court Says No.
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- A Derivative Plaintiff Who Defeats an Initial Bond Motion Must Still Pay the Ordinary Costs that Go to the Victor if They Lose at Trial
- Density Bonus Agreement Survives Foreclosure: California Court Rules Affordable Housing Covenant Equivalent to Permit Condition
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