Grell

Grell v. Laci Le Beau Corp.

Good Law
1999 Cal. App. LEXIS 725·73 Cal. App. 4th 1300·87 Cal. Rptr. 2d 358·99 Daily Journal DAR 7993·99 Cal. Daily Op. Serv. 6264
Court of Appeal of CaliforniaAugust 4, 1999No. A083685California1,888 words

Opinion

Lead Opinion

Haning, J.

*1303 Opinion

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. ■

Background

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 only that the statute of…

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