California Court of Appeal
Center for Self-Improvement and Cmty. Dev. v. Lennar Corp., A121982
In an action alleging exposure to asbestos without warning of that exposure in violation of Proposition 65, trial court judgment in favor of defendant is reversed where the invocation of plaintiff's lack of capacity after the suspension of its corporate power was a plea in abatement and not an incurable affirmative defense, and plaintiff cured the defect and regained its capacity to proceed with prosecution of the pending litigation when it attained reinstatement prior to judgment.
Appellate Information
- Decided 05/20/2009
- Published 05/20/2009
Judges
- REARDON, J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Lozeau Drury,Michael R. Lozeau, Richard T. Drury, Suma Peesapati, Law Offices of Andrew L. Packard, Andrew L. Packard, Michael P. Lynes, for Appellant.
- For Appellees:
- O'Melveny & Myers, Debra S. Belaga, Peter Obstler, Marjory A. Gentry, for Respondents Lennar Corporation; Lennar Homes of California, Inc., Lennar Communities, Inc.; Lennar-BVHP, LLC; and Lennar Associates Management, LLC., Wendel, Rosen, Black & Dean, Daniel Rapaport, Thiele R. Dunaway, for Respondent Gordon N. Ball, Inc.