PRETRIAL ADJUDICATION
...Demurrers
......Grounds: To Complaint & Cross-Cmplt
.........Special Demurrer
............Lack of Capacity to Sue or Be Sued
3 Cards On This Topic:

Lack of P’s capacity to sue is ground for special demurrer.

Demurrer properly sustained as Corp. Code §2010, governing the winding-up and survival of dissolved corporations, does not apply to foreign corporations, such as D, formed in states other than CA.

Raising claim that unincorporated affiliation of unions lacked capacity to sue waived because raised at trial.