Nearly four years ago, I first wrote about California’s Unincorporated Association Law. Typically, an unincorporated association is a club, church, or other social organization. A criminal street gang might also be an unincorporated association. People ex rel. Totten v. Colonia Chiques, 156 Cal. App. 4th 31 (2007). In a ruling handed down last week, U.S. District Court Judge Yvonne Gonzalez Rogers concluded that a proto-corporation also qualified as an unincorporated association under the General Corporation Law.AngioScore, Inc. v. TriReme Med., Inc., 2015 U.S. Dist. LEXIS 86041 (N.D. Cal. July 1, 2015) involved a corporation’s lawsuit against a former director for breach of fiduciary duty. The alleged breach arose the director’s development of a competing product while still a member of the plaintiff-corporation’s board of directors. The corporation also sued two corporations for aiding and abetting the breach.Judge Rogers found that one of the defendant corporations, Quattro Vascular PTE Ltd., existed as an unincorporated association by the name of “Proteus” during the time that the competing product was being developed. In support of her finding, Judge Rogers noted that the Proteus consisted of three members, was presented to third persons as a corporation and had been formed for the lawful purpose of… Read full this story
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