California Supreme Court

Turner v. Victoria

August 3, 2023

Summary

The court held that a director of a nonprofit public benefit corporation who brings an action under Corporations Code sections 5142, 5233, and 5223 does not lose standing merely because the director later leaves the board. The statutory text, context, legislative history, and purpose require directorship when the action is initiated but do not impose a continuous-directorship requirement. The court therefore reversed the Court of Appeal's contrary judgment.