California Court of Appeal

In a wrongful death action brought against a corporation that had filed for Chapter 11 bankruptcy pursuant to which a bankruptcy court had entered an order confirming a reorganization plan and discharging all known and unknown claims against the corporation, the trial court's demurrer dismissal of the complaint is reversed, where on the limited record of bankruptcy proceedings provided by the corporation, and consistent with Fourteenth Amendment due process principles, the corporation failed to demonstrate, at the demurrer stage, that the approval of the reorganization plan barred all of the plaintiffs' claims.

Appellate Information

• Decided 01/25/2012
• Published 01/25/2012

Judges

• Turner

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• The Arkin Law Firm, Pond North