Developments of Interest

New Cases of Interest - July 8, 2019

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07/08/2019

Longview International, Inc. v. Stirling (2019) 35 Cal.App.5th 985.  This is a case that holds a suspended corporation could enforce an abstract of judgment which it recorded during the period that it was suspended.  The court determined that the recording of the abstract was a procedural matter and therefore was retroactively validated upon the restoration of the corporation’s power under the Revenue and Taxation Code § 2305.  The abstract of judgment itself was not void but was capable of enforcement when the corporation cured its incapacity.  The recorded abstract gave notice to the transferee that the corporation asserted an interest in property that could be enforced upon the revival of its corporate powers, and any transferee took the property subject to that interest.

Rudisill v. California Coastal Commission (2019) 35 Cal.App.5th 1062.  This is a SLAPP matter.  The court denied an award of attorneys’ fees finding that the petitioning owners seeking mandamus relief against state and local entities could have reasonably concluded that they were asserting a claim arising from protected activity, even though the petitioning conduct in obtaining permits by allegedly improper means was not within the SLAPP statute.

 
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