David Dung Le, M.D., Inc. - Page 13

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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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