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Cal. Corp. Code § 5142

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Known as the Nonprofit Public Benefit Corporation Law

The act spans §§ 5110–6910 (202 sections).

Applied in 3 court decisions — leading case 47 Cal. App. 4th 777 - Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996)

Most recently applied in 47 Cal. App. 4th 777 - Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (July 1996)

Amended by Stats. 1979, Ch. 724.

How often courts cite this section

19871990199610
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Notwithstanding Section 5141, any of the following may bring an action to enjoin, correct, obtain damages for or to otherwise remedy a breach of a charitable trust:

(1) The corporation, or a member in the name of the corporation pursuant to Section 5710.

(2) An officer of the corporation.

(3) A director of the corporation.

(4) A person with a reversionary, contractual, or property interest in the assets subject to such charitable trust.

(5) The Attorney General, or any person granted relator status by the Attorney General.

The Attorney General shall be given notice of any action brought by the persons specified in paragraphs (1) through (4), and may intervene.

(b) In an action under this section, the court may not rescind or enjoin the performance of a contract unless:

(1) All of the parties to the contract are parties to the action;

(2) No party to the contract has, in good faith, and without actual notice of the trust restriction, parted with value under the contract or in reliance upon it; and

(3) It is equitable to do so.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.