John R. asked
In a lawsuit, I sued a nonprofit association along with the individual alleged board of directors. The 3 alleged BOD responded with individual general denials, but the nonprofit association did not respond. Two of the three board members are valid BOD but acted outside the scope of the bylaws and violated laws. One is not a valid BOD, as he was wrongly appointed. This group acted through a hostile takeover, violating several laws, bylaws, and breaching their fiduciary duty. The alleged BOD secretly terminated the nonprofit in February 2016 improperly, without informing the 270 members with voting rights, and falsified form #652 filed with the Secretary of State. They terminated the nonprofit with active lawsuits and undisbursed assets. Should we request a default judgment against the nonprofit association now? If so, would that default also go against the BOD as alleged board members acting in the capacity of the board? If we got a default against the association, what happens with the defendants (alleged BOD) at trial?
March 8th, 2023
Alexa W. answered
Yes, you should request a partial default judgment against the nonprofit association due to its lack...
March 8th, 2023
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