Gresham Oregon Complaint - Derivative Action - Breach of Promissory Note by Two Defendants for Failure to Pay Membership Fees

State:
Oregon
City:
Gresham
Control #:
OR-HJ-459-01
Format:
PDF
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A01 Complaint - Derivative Action - Breach of Promissory Note by Two Defendants for Failure to Pay Membership Fees

Title: Gresham Oregon Complaint — DerivativActionio— - Breach of Promissory Note by Two Defendants for Failure to Pay Membership Fees Keywords: Gresham Oregon, complaint, derivative action, breach of promissory note, two defendants, failure to pay, membership fees 1. Introduction to Gresham Oregon Complaint — Derivative Action — Breach of Promissory Note by Two Defendants for Failure to Pay Membership Fees: In Gresham, Oregon, a legal complaint has been filed by [Plaintiff's Name] against [Defendant 1's Name] and [Defendant 2's Name] for their alleged breach of a promissory note related to membership fees. This derivative action seeks to address the defendants' failure to fulfill their financial obligations as members of [Organization/Club's Name], leading to potential harm and monetary loss for the plaintiff. 2. Background Information on the Promissory Note and Membership Agreement: The complaint is centered around a specific promissory note entered into by the defendants as part of their membership agreement with [Organization/Club's Name]. The promissory note explicitly outlines the payment terms and conditions of the membership fees, which the defendants have failed to honor. By entering into this agreement, the defendants have legally committed themselves to meet their financial obligations towards the organization. 3. Role of the Plaintiff in the Complaint: [Plaintiff's Name], as a member or representative of [Organization/Club's Name], has taken legal action against the defendants on behalf of the organization and its members due to the defendants' breach of the promissory note. The plaintiff seeks reparations for the financial harm caused and aims to uphold the integrity of the membership agreement. 4. Alleged Breach of Promissory Note: The complaint asserts that the defendants have violated the terms of the promissory note by deliberately failing to pay their membership fees within the agreed-upon timeframe. This breach of the agreement has resulted in financial harm to [Organization/Club's Name], affecting its ability to provide the promised services and benefits to its members. 5. Legal Consequences and Objectives of the Complaint: The Gresham Oregon complaint aims to hold the defendants accountable for their breach of the promissory note and seeks legal remedies for the damages caused. The specific objectives of the complaint include: — Compensatory damages: To recover the unpaid membership fees and any additional financial losses incurred by [Organization/Club's Name]. — Injunctive relief: To enforce the defendants' obligation to make the outstanding payment and prevent further harm to the organization and its members. — Legal costs and attorney fees: To seek reimbursement for the expenses incurred during the legal process. Different Types of Gresham Oregon Complaint — Derivative Action — Breach of Promissory Note by Two Defendants for Failure to Pay Membership Fees (if applicable): If there are multiple instances of breach of the promissory note by various defendants failing to pay membership fees, separate complaints may be filed by the plaintiff against each defendant. In such cases, the complaints would be nearly identical in substance but differ in terms of the defendants' information and specific instances of non-payment.

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In federal court, once a derivative action has been filed, it may only be voluntarily dismissed or settled with approval of the court, which must inform the shareholders of such a proposed action ahead of time.

For a derivative suit to prosper, the following requisites must concur: the party was a stockholder or member at the time the acts or transactions subject of the action occurred and at the time the action was filed; all intra-corporate remedies have been exhausted; the cause of action actually devolves on the

At its essence, a derivative suit is used as a means for a shareholder or group of shareholders, acting on behalf of the corporation, to reclaim value lost to the corporation by its management. Essentially, the form of a derivative action is the same as the form of any other lawsuit.

Be fairly and adequately represent the interests of the shareholders or members similarly situated in enforcing the right of the corporation, and. Make a demand in writing requiring the corporation to take suitable action before the action (Generally, a derivative suit can only be filed 90 days after written demand.

A shareholder (stockholder) derivative suit is a lawsuit brought by a shareholder or group of shareholders on behalf of the corporation against the corporation's directors, officers, or other third parties who breach their duties. The claim of the suit is not personal but belongs to the corporation.

In a shareholder derivative lawsuit, shareholders sue executives and the board on behalf of all shareholders. Shareholders that are not part of the class ultimately end up paying the damages to those in the class, while in a derivative suit management and directors pay the damages.

Liability of a parent corporation for the actions of its subsidiary.

Still, derivative action involves a wrong against the corporation and not individual shareholders; therefore, damages do not go to the shareholders personally but to the corporation itself.

When a shareholder brings a derivative action, the corporation must be a party to the suit. Typically, the corporation is named as a nominal defendant.

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Award or denial of attorney fees or costs. Complaint for failure to state a claim, pursuant to Fed.5 (a) of the Rules of Civil Procedure.2. Will show,2 the defendant must be prepared to make a colorable claim of innocence or o f miscar riage of justice to prevail on many constitutional claims.

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Gresham Oregon Complaint - Derivative Action - Breach of Promissory Note by Two Defendants for Failure to Pay Membership Fees