Developments of Interest

New Cases of Interest - April 8, 2013

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04/08/2013

Greb v. Diamond International Corp. (2013) 56 Cal.4th 243.  This case is notable in holding that California's statute allowing for the survival of causes of action against dissolved corporations (Corporations Code §2010) does not apply to foreign corporations transacting business in California.  Delaware has a three year statute, and the corporation at issue was a Delaware corporation, with the action brought against it for asbestos-related injuries more than three years after the corporation had been dissolved.  The Supreme Court also interpreted the provisions of the California Constitution, in former Article XIII, Section 15, which prohibits giving favorable to foreign corporations as not requiring that every statute that applies to a domestic corporation also be imposed on a foreign corporation.  In doing so, the court disapproved North American Asbestos Corporation v. Superior Court (1986) 180 Cal.App.3d 902.  Apparently the corporation in this case did not qualify as a foreign corporation subject to California law pursuant to Corporations Code §2115.

Flores v. Presbyterian Intercommunity Hospital (2013) 213 Cal.App.4th 1386.  In this case a patient sued a hospital when the patient was injured from a bedrail collapse, which caused her to fall to the floor.  The action was brought more than one year after the injury, but less than two years.  The hospital successfully persuaded the trial court to dismiss the case under the one year statute of limitations for professional negligence of a health care provider.  The court of appeal however reversed, and stated that the nature of the patient's action was ordinary negligence, not professional negligence, and therefore was governed by the two year statute of limitations, and was timely filed. 

 

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