Gill

Gill v. De Sanz

Good Law
125 Cal. Rptr. 384·1975 Cal. App. LEXIS 1476·52 Cal. App. 3d 457
Court of Appeal of CaliforniaOctober 24, 1975Docket Nos. 44223, 44787California8,453 words

Opinion

Opinion

Kaus, J.

These consolidated appeals involve the attachment of California assets of three Mexican corporations, not qualified to do business in California, who are among the defendants below. In 2d Civil No. 44223, the corporations appeal from a trial court order refusing to release and discharge an attachment before they had made a general appearance in the action. In 2d Civil No. 44787, plaintiff appeals from a trial court order granting such a motion after the defendants’ general appearance.

Facts

Before the present action was filed, plaintiff Gill was appointed receiver of Ti-Cal Contracting & Manufacturing Co., Inc., a California corporation, d/b/a Jess Contracting & Manufacturing Sewing Service (“Jess”). According to plaintiff, his appointment was triggered by charges in a shareholders’ action that one de Sanz—the alleged villain in this piece—as president of Jess intentionally mismanaged the corporation and misappropriated and misused funds belonging to Jess. Gill then filed the present action. De Sanz, a California resident, and the three Mexican corporations—Cali-Mod, S.A., Ropa-Paty, S.A. and Baja Texport, S.A.—were named as defendants. The gist of Gill’s case is simply…

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