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Section 70.405 – Status of plaintiff.

In a derivative action, the plaintiff must be a partner when the plaintiff brings the action and: (1) The plaintiff must have been a partner at the time of the transaction of which the plaintiff complains; or (2) The plaintiff’s status as a partner must have devolved upon the plaintiff from a person who was […]

Section 70.410 – Content of complaint.

In a derivative action, the complaint shall set forth with particularity the effort of the plaintiff to secure initiation of the action by a general partner or the reasons for not making the effort. [1985 c.677 §59]

Section 70.415 – Remittance of proceeds received by plaintiff; attorney fees.

If a derivative action is successful in whole or in part or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of an action or claim, the court shall direct the plaintiff to remit to the limited partnership the remainder of those proceeds received by the plaintiff. The […]