Crosscreek Golf Club v. ANB Enterprises CA4/2

INTRODUCTION

Cross-complainant Crosscreek Golf Club, Inc. (Crosscreek) appeals judgment

entered following the trial court granting cross-defendant ANB Enterprises, LLC’s

(ANB) motion in limine to dismiss Crosscreek’s cross-complaint on the ground

Crosscreek lacked standing to prosecute its cross-complaint. Crosscreek argues ANB’s

motion in limine was an improper substitute for a timely dispositive motion. Crosscreek

further argues it had standing to prosecute its cross-complaint and, even if it did not, the

trial court should have permitted Crosscreek to substitute in a real party in interest, rather

than dismiss the cross-complaint.

We conclude that, although the trial court did not abuse its discretion in ruling on

ANB’s motion in limine to dismiss, the trial court erred in granting the motion and

dismissing Crosscreek’s cross-complaint on the ground Crosscreek did not have standing

to bring its cross-complaint. Even though the cross-complaint was filed shortly after

dissolution of Crosscreek as a corporation, under Corporations Code section 2010,

subdivision (a),1 Crosscreek “nevertheless continues to exist for the purpose of winding

up its affairs, prosecuting…