California Court of Appeal

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Melendrez v. Superior Court (Special Electric Company, Inc.), B243320

Where a bankrupt corporation had no officer, director, employee, or agent who could verify the discovery responses in a wrongful death action against said corporation, and the corporation's attorney signed the responses, the trial court is directed to vacate its orders deeming the discovery responses verified, and the matter is remanded, where: 1) the trial court could have directed that further effort be made to have a director elected or appointed on behalf of the corporation; and 2) if the corporation no longer exists and no director can be elected or appointed, the corporation's attorney-client privilege would be passed to its insurers, the de facto assignee of its policies and the claims against them.

Appellate Information

  • Decided 04/30/2013
  • Published 04/30/2013

Judges

  • CROSKEY

Court

  • California Court of Appeal

Counsel