McElroy v. Pernell et al.
This matter involves three consolidated appeals.
In case No. B190293, defendants and appellants Cynthia Pernell (Pernell), Sharon Hamilton (Hamilton) and Beverly DAntignac (DAntignac) (collectively, the individual defendants) appeal an order invalidating their election to the board of directors of Ladera Little League, Inc. (LLL).
In case No. B191588, plaintiff and appellant Harry McElroy (McElroy) appeals an order granting a special motion to strike (Code Civ. Proc., 425.16)[1]filed by the individual defendants. Said order disposed of a cause of action by McElroy against the individual defendants for breach of fiduciary duty. Finally, in case No. B193304, McElroy appeals an order awarding $37,160.11 in attorney fees and costs to the individual defendants after they prevailed on their special motion to strike. For the reasons discussed below, Court (1) affirm the order invalidating the election, (2) reverse the order granting the special motion to strike and (3) reverse the order awarding attorney fees and costs to the individual defendants.
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