Damato v. Slevin

Opinion

POCHE, J.

This is an appeal from a summary judgment by the assignee of a suspended corporation’s contractual rights, who contests the trial court’s conclusion that restoration of the corporation’s powers did not override the opposing parties’ statutory right to treat the contracts as voidable. Because we agree with the trial court’s conclusion, we will affirm the judgment.

Background

In mid-1983 defendant Slevin 1 agreed to purchase a cafe, and the sublease for the premises on which the cafe was located, from Correct, Inc., a California corporation whose president was plaintiff Frederick…