(a) No cause of
action against a person serving without compensation as a
director or officer of a nonprofit corporation described in this
section, on account of any negligent act or omission by that
person within the scope of that person's duties as a director
acting in the capacity of a board member, or as an officer
acting in the capacity of, and within the scope of the duties
of, an officer, shall be included in a complaint or other
pleading unless the court enters an order allowing the pleading
that includes that claim to be filed after the court determines
that the party seeking to file the pleading has established
evidence that substantiates the claim. The court may allow the
filing of a pleading that includes that claim following the
filing of a verified petition therefore accompanied by the
proposed pleading and supporting affidavits stating the facts
upon which the liability is based. The court shall order service
of the petition upon the party against whom the action is
proposed to be filed and permit that party to submit opposing
affidavits prior to making its determination. The filing of the
petition, proposed pleading, and accompanying affidavits shall
toll the running of any applicable statute of limitations until
the final determination of the matter, which ruling, if
favorable to the petitioning party, shall permit the proposed
pleading to be filed.
(b) Nothing in this section shall affect the right of the
plaintiff to discover evidence on the issue of damages.
(c) Nothing in this section shall be construed to affect any
action against a nonprofit corporation for any negligent action
or omission of a volunteer director or officer occurring within
the scope of the person's duties.
(d) For the purposes of this section, "compensation" means
remuneration whether by way of salary, fee, or other
consideration for services rendered. However, the payment of per
diem, mileage, or other reimbursement expenses to a director or
officer shall not constitute compensation.
(e)(1) This section applies only to officers and directors of
nonprofit corporations that are subject to Part 2 (commencing
with Section 5110), Part 3 (commencing with Section 7110), or
Part 4 (commencing with Section 9110) of Division 2 of Title 1
of the Corporations Code that are organized to provide
charitable, educational, scientific, social, or other forms of
public service and that are exempt from federal income taxation
under Section 501(c)(1), except any credit union, or Section
501(c)(4), 501(c)(5), 501(c)(7), or 501(c)(19) of the Internal
Revenue Code.
(2) This section does not apply to any corporation that
unlawfully restricts membership, services, or benefits conferred
on the basis of race, religious creed, color, national origin,
ancestry, sex, marital status, disability, political
affiliation, or age.
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