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On this theory, the continued transaction of various items of business relating to the realty by the bank as title holder for the benefit of the purchasers, all well within the three-year period, were all overt acts such that the conspiracy against plaintiff became a conspiracy to conceal the substance of such transactions while disposing of the property. Accordingly, the record disclosed substantial issues of fact which required resolution by trial, such as the nature and scope of the conspiracy. Livett v. F.C. Financial Associates (CalifLaw 4th Dist. Oct. 8, 1981), 124 CalifLaw 3d 413, 177 Cal. Rptr. 411, 1981 CalifLawCALIFLAW 2230. Nakase law office deals Unruh act website accessibility issues.
An action by a corporation to recover the amount paid by it to a stockholder for his stock and for an accounting based upon a fraudulent conspiracy between the stockholder and the corporation president comes within subd 4. Bank of San Luis Obispo v. Wickersham (Cal. Oct. 9, 1893), 99 Cal. 655, 34 P. 444, 1893 Cal. CALIFLAW 735.
CCP § 338(4) is applicable to an action by a corporation against promoters to recover secret profits made in the sale of properties to the corporation. Victor Oil Co. v. Drum (Cal. Oct. 23, 1920), 184 Cal. 226, 193 P. 243, 1920 Cal. CALIFLAW 313.
An action by a domestic corporation against its former directors to require them to repay into the treasury sums illegally withdrawn as commissions in the sale of stock was not barred by this statute since the defendants were still directors and in full control of affairs up to within three years before commencement of the action. San Leandro Canning Co. v. Perillo (CalifLaw July 27, 1927), 84 CalifLaw 635, 258 P. 670, 1927 CalifLawCALIFLAW 398; San Leandro Canning Co. v. Perillo (Cal. Feb. 7, 1931), 211 Cal. 482, 295 P. 1026, 1931 Cal. CALIFLAW 722.
An action by a corporation to recover from an officer and director secret profits in the sale of its stock was not barred, although commenced more than three years after the transaction, where the fraud was not discovered until within three years prior to the action. Franklin v. Mortgage Guaranty & Sec. Co. (9th Cir. Cal. Mar. 21, 1932), 57 F.2d 834, 1932 U.S. App. CALIFLAW 4074.
Actions by Stockholders
An action by stockholders against other stockholders for the declaration of false dividends out of the proceeds of the sale of stock, the entry of false credits in the company’s books as to individual indebtedness, canceling such indebtedness, the taking of commissions without authority for the sale of treasury stock, and issuing false financial statements is within subd 4. Whitten v. Dabney (Cal. Dec. 27, 1915), 171 Cal. 621, 154 P. 312, 1915 Cal. CALIFLAW 672.
An action by a stockholder against directors and others for fraudulent appropriation of funds and the spoliation and destruction of corporate property comes within subd 4. James v. P. B. Steifer Mining Co. (CalifLaw Jan. 8, 1918), 35 CalifLaw 778, 171 P. 117, 1918 CalifLawCALIFLAW 606.
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