Darryl J. Horowitt and Phillip J. Norgaard, attorneys in the litigation department of Coleman & Horowitt, LLP, recently obtained a dismissal in a long running construction action. In the action, the firm's clients were shareholders of a corporation that served as general contractor in the construction of several playgrounds throughout the Central Valley. The general contractor then hired a subcontractor to aid in the installation of the equipment. A dispute arose between the two parties and the subcontractor sued.
After a two and one-half year wait, the subcontractor named two of the general contractor's three shareholders as "alter egos" of the corporation. The suit was not, however, filed for nine months later. The shareholders turned to Coleman & Horowitt, LLP to get them out of the suit. Realizing that the Code of Civil Procedure imposes a three year time limit for service of a complaint on all parties once it was filed, the firm's attorneys filed a motion to dismiss that was granted by the court. The granting of the motion also allows the firm's clients to recover their costs of suit.
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