Pro Construction Co. v. Nguyen
Nancy Thuy Nguyen and Ngoc Dao (referred to collectively as Homeowners) were sued for breach of contract by their former contractor, Pro Construction Company (Pro Construction). At trial, the Homeowners contended that AV Design & Construction, Inc. (AV Design) was also a party to the construction contract and the action could not proceed without it being joined. The trial court found AV Design was not a party to the contract and entered judgment against the Homeowners. On appeal, the Homeowners contend the trial court should have dismissed the action against it because it should have found that AV Design (1) was a party to the contract, (2) was an indispensable party to the action, and (3) was unable to maintain the action because its corporate powers were suspended at the time the contract was executed. Court find there is substantial evidence to support the trial courts conclusion that AV Design was not a party to the contract; accordingly, Court affirm.
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