Biggs
Biggs v. California Insurance Guarantee Ass'n
Opinion
Opinion
Compton, J.
Plaintiff Gina Biggs initiated an action for declaratory relief and money damages seeking to recover from the California Insurance Guarantee Association (CIGA) the amount of a judgment she had previously obtained in a personal injury action against the Follies Theatre, Inc., a corporation (Follies). She appeals from a judgment in favor of CIGA. We affirm.
On April 7, 1973, Biggs, a dancer at the Follies, slipped and fell on the sidewalk in front of her place of employment. In an action entitled Biggs v. City of Los Angeles et al, Los Angeles Superior Court No. C 76049, she obtained a default judgment in the sum of $159,210.09. The default nature of the judgment and the circumstances under which it was obtained are the critical issues involved in these proceedings.
On May 3, 1976, prior to trial of the personal injury action, the Follies’ corporate powers were suspended for failure to pay corporate franchise taxes under Revenue and Taxation Code sections 23301, 23301.5 and 23302. This suspended the Follies’ capacity to defend itself in the action. As a consequence, plaintiff successfully moved to strike the previously filed ánswer and obtained judgment by default.