Sade Shoe Co., Inc. v. Oschin & Snyder

Plaintiff Sade Shoe Company, Inc. (Sade) appeals from the summary judgment entered in its action against respondents Oschin & Snyder and Oschin & Snyder II (collectively referred to as Oschin). On appeal, Sade argues the trial court erroneously held its action was barred by the statute of limitations. We disagree. We further hold the trial court properly denied Sade’s request to substitute its directors as the plaintiffs in this action. The judgment is affirmed.

Statement of Facts and Proceedings Below

The material facts are undisputed. On September 16, 1982, Sade’s causes of action for interference with prospective business advantage and interference with contractual relations against Oschin accrued. On October 1, 1982, Sade’s corporate powers were suspended by the Secretary of State pursuant to Revenue and Taxation Code sections 23301 and 23301.5 for failing to file tax returns, to pay taxes and failing to file a statement by a domestic stock corporation (the Domestic Stock Statement).

On October 15, Sade filed its tax return and paid its taxes. On November 1, 1982, Sade filed a Domestic Stock Statement.

On December 23, the Secretary of State informed Sade it would…