Rivage Hotel v. OneWest Bank CA3

California Court of Appeal Jan 6, 2016 No. C077844Unpublished

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Holding. The court dismissed the appeal because the appellant, a corporation with suspended status, lacks the legal capacity to prosecute an appeal from an adverse judgment.

Issues

Whether a corporation with suspended status may prosecute an appeal.
Whether the appellant forfeited its challenge to the trial court's demurrer ruling by failing to address the ground of misjoinder.

Disposition. dismissed

Quotations verified verbatim against the opinion

“A suspended corporation cannot prosecute an appeal from an adverse judgment.”

“To date, Rivage has not remedied its suspended status. We therefore will dismiss the appeal”

Filed 1/6/16 Rivage Hotel v. OneWest Bank CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

RIVAGE HOTEL, LLC, C077844

Cross-complainant and (Super. Ct. No. Appellant, 34-2013-00147912-CU-BC-GDS)

ONEWEST BANK N.A. et al.,

Cross-defendants and Respondents.

Cross-complainant Rivage Hotel, LLC (Rivage), appeals from a judgment of dismissal after the trial court sustained the demurrer of cross-defendants OneWest Bank, N.A.,1 and its subsidiary CRE LJ 4800 Riverside, LLC (collectively OneWest). We shall dismiss the appeal.

1 The OneWest Bank, N.A., entity has since changed its name, but continues under this designation on appeal.

FACTUAL AND PROCEDURAL BACKGROUND

Preferred Hotel Group, Inc., filed an action against Rivage and other entities for breach of a contract to provide marketing and reservation services for a hotel that Rivage formerly operated. The complaint also included common counts for money had and received, an open book account, and an account stated.

Rivage then filed a cross-complaint against OneWest, the successor in interest to Rivage’s original lender, which had foreclosed on Rivage’s property and sold it (through its subsidiary) to a third party (Urban Commons Riverside Blvd., LLC). The cross- complaint alleged 12 “causes of action” (including two of them numbered as sixth); we do not need to resolve whether these are true causes of action or merely counts. (See Cullen v. Corwin (2012) 206 Cal.App.4th 1074, 1076, fn. 1.) These included claims for indemnity; breach of contracts to lend and refinance; breach of the covenant of good faith and fair dealing; reformation; “Tortious Economic Duress-Recession”; wrongful foreclosure; three types of quiet title; an accounting; and declaratory relief (for a declaration regarding payments to OneWest from a federal bank agency).

Rivage Hotel v. OneWest Bank CA3

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RIVAGE HOTEL, LLC, C077844

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

MAURO , J.

HOCH , J.

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