Legal Opinion
Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.
California Court of Appeal
Decided January 31, 2006No. C049391PublishedCited by 27 opinions
1Opinion of the Court
Opinion
ROBIE, J.
In this case we hold when an insurance company seeks to provide a defense in pending litigation for a corporation that has been suspended for nonpayment of its taxes, the insurance company must intervene in the action to protect its own interests and those of its insured. The insurance company may not answer and litigate the lawsuit in the name of the suspended corporation without intervening in the case. Here, because its insured is barred from exercising corporate powers, rights, and privileges (Rev. & Tax. Code, 1 § 23301) and the insurance company is not a party, the…
2Cases cited14 opinions
- Diamond Multimedia Systems, Inc. v. Superior CourtCalifornia Supreme Court · 1999
- Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc.California Court of Appeal · 2005
- Hunt v. Superior CourtCalifornia Supreme Court · 1999
- North Coast Business Park v. Nielsen Construction Co.California Court of Appeal · 1993
- Reliance Insurance Company v. Superior CourtCalifornia Court of Appeal · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- El Escorial Owners' Ass'n v. DLC Plastering, Inc.California Court of Appeal · 2007
- Keep Our Mountains Quiet v. County of Santa ClaraCalifornia Court of Appeal · 2015
- Cal-Western Business Services, Inc. v. Corning Capital GroupCalifornia Court of Appeal · 2013
- Friends of Shingle Springs Interchange, Inc. v. County of El DoradoCalifornia Court of Appeal · 2011
- Performance Plastering v. Richmond American Homes of California, Inc.California Court of Appeal · 2007
22 more not listed; retrieve them via the Exa API.