Supreme Court of California

Corporations Code section 2010, which governs the winding-up and survival of dissolved corporations, does not apply to foreign corporations, i.e., those formed in states other than California, and thus the trial court properly sustained defendant's demurrer to plaintiffs' personal injury suit because pursuant to Delaware's three-year survival statute, when plaintiffs filed their complaint in December 2008, defendant lacked the capacity to be sued.

Appellate Information

• Decided 02/21/2013
• Published 02/21/2013

Judges

• CANTIL-SAKAUYE

Court

• Supreme Court of California

Counsel