Perretta v. Prometheus Developement Co., Inc.

Full title: LOUIS A. PERRETTA, Jr.; FRANK PERRETTA, Plaintiffs-Appellants, v…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 23, 2008

06-15526o (9th Cir. May. 23, 2008)

Opinion

LOUIS A. PERRETTA, Jr.; FRANK PERRETTA, Plaintiffs-Appellants, v. PROMETHEUS DEVELOPEMENT COMPANY, INC.; SANFORD N. DILLER JOHN J. MURPHY; VICKI R. MULLINS, Defendants-Appellees. No. 06-15526o United States Court of Appeals, Ninth Circuit May 23, 2008

D.C. No. CV-05-02987-WHA Northern District of California, San Francisco

Before: THOMPSON and M. SMITH, Circuit Judges, and HAYES,^* District Judge.

* The Honorable William Q. Hayes, United States District Judge for the Southern District of California, sitting by designation.

ORDER

The Defendants-Appellees' motion to file a reply is GRANTED.

The Defendants-Appellees' Petition for Panel Rehearing is GRANTED. The opinion dated March 27, 2008, is withdrawn.

The court requests supplemental briefing by the parties regarding the applicability of the ratification provision of Cal. Corp. Code § 16103(b)(3) to the issue of whether the vote in this case was sufficient to ratify the transaction. The simultaneous briefs may not exceed twenty (20) pages, and shall be due no later than June 13, 2008.