Allen
Allen v. Southland Plumbing, Inc.
Opinion
Opinion
Kremer, J.
Cross-complainants Jack Allen, Bernard Syfan and B. F. Syfan, Corp. (together Allen) appeal an order quashing service of summons and dismissing their cross-complaint against cross-defendant Southland Plumbing, Inc. Allen contends the court erred in ruling it lacked jurisdiction under Corporations Code section 2011, subdivision (a), over dissolved corporation Southland. We reverse the order.
I
On January 24, 1983, Pacific Panorama Owners Association sued general contractor Allen for fraud, breach of implied warranty, negligence and breach of fiduciary duties involving construction defects including water and heating problems in an Allen-developed condominium project completed in 1979. Pacific Panorama did not name subcontractor Southland as a defendant.
On February 11, 1983, Southland filed its certificate of corporate dissolution with the California Secretary of State.
On April 15, 1983, Allen cross-complained against Southland for equitable indemnity, equitable apportionment and declaratory relief, alleging any damages suffered by Pacific Panorama were caused by Southland’s negligence in providing professional services for the project.