Cal. Corporations Code § 5142

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(a)Notwithstanding Section 5141, any of the following may bring an action to enjoin, correct, obtain damages for or to otherwise remedy a breach of a charitable trust:

(1)The corporation, or a member in the name of the corporation pursuant to Section 5710.

(2)An officer of the corporation.

(3)A director of the corporation.

(4)A person with a reversionary, contractual, or property interest in the assets subject to such charitable trust.

(5)The Attorney General, or any person granted relator status by the Attorney General.

The Attorney General shall be given notice of any action brought by the persons specified in paragraphs (1) through (4), and may intervene.

(b)In an action under this section, the court may not rescind or enjoin the performance of a contract unless:

(1)All of the parties to the contract are parties to the action;

(2)No party to the contract has, in good faith, and without actual notice of the trust restriction, parted with value under the contract or in reliance upon it; and

(3)It is equitable to do so.

Notes of Decisions

Cited in 8 cases (5 in the last 5 years), 1987–2023 · leading case: Van De Kamp v. Gumbiner

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Van De Kamp v. Gumbiner (1990) calctapp · cites it 3× “) Oversight and enforcement authority rests with the Attorney General (Corp. Code, §§ 5142, 5223, 5226, 5233, 5250, 5820) except with respect to health plans.”

Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996) calctapp “Code, § 12598 [Attorney General has broad power to protect assets of charitable trusts]; Corp. Code, §§ 5142, 7142, 7240 [same]; Corp.”

Hardman v. Feinstein (1987) calctapp “(4 Scott on Trusts (3d ed. 1967) § 370, p. 2871.) Because the beneficiaries of charitable trusts, unlike beneficiaries of private trusts, are ordinarily indefinite, the Attorney General has primary responsibility for the supervision of charitable trusts, and generally he is the…”

Pinkert v. Schwab Charitable Fund (2021) cand · cites it 2× “In addition to the AG and persons granted relator status by the AG, the statute 9 confers standing to file an action to “enjoin, correct, obtain damages for or to otherwise remedy a 10 breach of a charitable trust” involving a public-benefit corporation only to (1) the…”

Schmid v. City & County of S.F. (2021) calctapp “” (Corp. Code, §§ 5142, subd. (a)(4), 7142, subd.”

Autonomous Region of Narcotics Anon v. Narcotics Anon World Svcs (2022) calctapp “(Corp. Code, § 5142.) The argument fails. Potential beneficiaries of a revocable trust may hope the settlor never revokes the trust, but they have no legal entitlement to prevent the settlor from taking this step.”

Picasso v. Merida CA2/7 (2022) calctapp “, Corp. Code, §§ 5142, 5223, 5233.) “Corporations Code section 5233, subdivision (c), .”

Turner v. Victoria (2023) cal “” (Corp. Code, §§ 5142, subd. (a), 5233, subd.”

— Cal. Corporations Code § 5142(a) — 1 case

Pinkert v. Schwab Charitable Fund (2021) cand “In addition to the AG and persons granted relator status by the AG, the statute 9 confers standing to file an action to “enjoin, correct, obtain damages for or to otherwise remedy a 10 breach of a charitable trust” involving a public-benefit corporation only to (1) the…”

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