Grell

Certified for Partial Publication. [1]

Plaintiffs/appellants Christopher E. Grell, individually and as executor of the Estate of June Grell (Grell), and David Helphrey, individually and as executor of the Estate of Debbie Helphrey, and Betty Helphrey and Robert Helphrey (collectively Helphrey), appeal an order denying their motion to vacate judgment in their coordinated wrongful death and survival actions. They contend the trial court erroneously ruled the statute of limitations was not tolled during the period of time respondent's corporate status was suspended. Respondent contends the order denying the motion to vacate is not appealable, [2] and that the statute of limitations was not tolled. We affirm.

This appeal involves two of five coordinated wrongful death and survival actions arising from ingestion of respondent's Super Dieter's Tea.

Respondent was incorporated in California on August 6, 1987. Its corporate status was suspended on April 1, 1992, pursuant to Revenue and Taxation Code section 23302, and revived on January 29, 1996.

Because appellants concede that both actions were filed beyond the period permitted by the statute of limitations, and argue…