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limitations period expires, the revival does not toll the running
of the limitations period.” Benton v. County of Napa, 226 Cal.
App. 3d 1485, 1491 (1991); accord ABA Recovery Servs., Inc. v.
Konold, 198 Cal. App. 3d 720 (1988); Welco Constr., Inc. v.
Modulux, Inc., 47 Cal. App. 3d 69, 73 (1975); see also Grell v.
Laci Le Beau Corp., 73 Cal. App. 4th 1300 (1999) (applicable
period of limitations was not tolled during the period in which
the corporation’s powers were suspended under Cal. Rev. & Tax.
Code sec. 23301 (West Supp. 1999)).
The facts of this case are similar to the case of Community
Elec. Serv., Inc. v. National Elec. Contractors Association,
Inc., supra. There, a California corporation (the plaintiff)
brought an antitrust lawsuit against certain defendants
challenging a provision of a collective bargaining agreement.
When the plaintiff filed the complaint with the court, its
corporate powers, rights, and privileges were suspended under
Cal. Rev. & Tax. Code sec. 23301 (West Supp. 1999).
Approximately 18 months later, the Board issued to the plaintiff
a certificate of revivor reinstating its corporate powers.
The U.S. District Court dismissed the case, holding that the
plaintiff lacked the capacity to file the underlying complaint by
virtue of its suspension. Further, the court held, the later
reinstatement of those powers was ineffective to validate the
filing of the complaint because the antitrust period of
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