Legal Question in Business Law in California

I Inharited 10040.00 share in a small s corp, apt building s in new port beach, I have had lots f problems they started the co without me as I was reforming the trust to make it a special needs trust for myself thye nominated and gave themselfs huge salurys that take up all the profet of the co ,the hole trust was in a reform at that time but they did everything without me sut out my trustee and I ,and my shares are to be 70 grand a year they are givieg only 2000 a month need help I have been takeing for a ride and need some help I have a life ending disese and disabled and they think i do not have money to pay for Lawyer so they are dong this (I have money for this) anyways I live in woodland hills calif need help thanks you Richard Chadbourne 818 845 6844


Asked on 10/07/11, 3:51 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Looks like a fairly typical case of oppression of a minority stockholder. Perhaps the other owners would respond in some favorable ways to a letter or two from an attorney representing you and seeking information and making demands. Your rights include inspection of the books, the right to attend annual meetings and vote for directors, and equal distributions (per share) of profits. Majority shareholders cannot overcompensate themselves, as this is a form of taking an excessive dividend.

So, maybe the situation can be brought more nearly under control without the necessity of a shareholder lawsuit, by writing letters, reviewing the books, and pointing out the unfair or illegal practices.

If a lawsuit were necessary, I think there are sufficient favorable statutes and precedents that you would probably prevail. Majority shareholders have some rights and some discretion, but there are limits.

If you would like a more detailed (free) review, please contact me directly. Although I work from home in the San Francisco Bay Area, I do have clients and projects all over the state including a couple of matters in Los Angeles and Orange County, and I don't charge travel time.

Read more
Answered on 10/08/11, 11:11 am


Related Questions & Answers

More Business Law questions and answers in California