Stoll v. Selander

81 Cal. App. 2d 286 ·

California Court of Appeal · Filed

Published · citable

Holding

The court held that the action for an accounting and to quiet title, brought by a shareholder derivatively on behalf of a corporation, was not barred by the statute of limitations or laches because the defendant corporate officer’s fraudulent concealment of his misappropriation of corporate assets prevented the cause of action from accruing until the plaintiff discovered the facts, and further, that the officer held the disputed real and personal property as a trustee for the corporation, a relationship which suspends the running of the statute.

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