Section 6026. Security for expenses in stockholders' derivative action brought in the right of the corporation to procure a judgment in its favor

In  any action specified in section six thousand twenty-five, if  the plaintiff or plaintiffs hold less than five percent of any class  of
  the   outstanding  shares  or  hold  a  beneficial  interest  in  shares
  representing less than five percent of any class of  such  shares,  then
  unless   the  shares  and  beneficial  interest  of  such  plaintiff  or
  plaintiffs have a fair value in excess of fifty  thousand  dollars,  the
  corporation  in  whose right such action is brought shall be entitled at
  any stage of the  proceedings  before  final  judgment  to  require  the
  plaintiff  or  plaintiffs  to give security for the reasonable expenses,
  including attorney's fees, which may be incurred  by  it  in  connection
  with  such  action  and  by  the  other  parties defendant in connection
  therewith for  which  the  corporation  may  become  liable  under  this
  article,  under  any  contract  or  otherwise  under  law,  to which the
  corporation shall have recourse in  such  amount  as  the  court  having
  jurisdiction of such action shall determine upon the termination of such
  action.  The amount of such security may thereafter from time to time be
  increased  or  decreased  in  the  discretion  of   the   court   having
  jurisdiction  of such action upon showing that the security provided has
  or may become inadequate or excessive.