Greb v. Diamond Int’l Corp.

Plaintiffs filed a complaint for personal injuries and loss of consortium against Defendant corporation and other entities, alleging injuries from exposure to asbestos. Defendant demurred, alleging that more than three years before Plaintiffs filed their complaint, it had obtained a corporate dissolution pursuant to the laws of Delaware, Defendant's state of incorporation. Accordingly, Defendant argued, it lacked the capacity to be sued pursuant to Delaware's three-year survival statute. In opposition, Plaintiffs argued their action was permitted under California's own survival statute, which they asserted took precedence over Delaware law in this situation. The trial court sustained the demurrer and dismissed Plaintiffs' complaint, ruling that California's survival statute did not apply to foreign corporations, and hence Delaware's corresponding statute applied to Defendant. The court of appeal affirmed. The Supreme Court affirmed, holding (1) California's survival statute does not apply to foreign corporations; and (2) North American Asbestos Corp. v. Superior Court was disapproved of to the extent it held otherwise. View "Greb v. Diamond Int'l Corp." on Justia Law