California Supreme Court

Walter Greb, Plaintiffs and Appellants v. Diamond International Corporation, Defendant and Respondent

February 21, 201356 Cal. 4th 243

Summary

The court held that California Corporations Code section 2010, which permits dissolved corporations to continue for winding-up purposes without a time limit for certain claims, applies only to domestic corporations and not to dissolved foreign corporations. The court rejected the argument that statutory language, legislative history, or a former constitutional provision required applying section 2010 to foreign corporations, and therefore affirmed dismissal of the asbestos claims as barred under the corporation's home-state law. The court disapproved the contrary appellate decision.