Jaisinghani

Timberline, Inc. v. Jaisinghani

Bad Law
1997 Cal. App. LEXIS 371·54 Cal. App. 4th 1361·64 Cal. Rptr. 2d 4·97 Daily Journal DAR 6090·97 Cal. Daily Op. Serv. 3584
Court of Appeal of CaliforniaMay 12, 1997B103550California2,951 words

Opinion

Opinion

Johnson, J.

In this appeal we are asked to decide whether a corporation which has been suspended for failure to pay franchise taxes may avail itself of the statutory mechanisms for renewing a judgment entered while the corporation was in good standing. We hold it may not. We therefore reverse the trial court’s order denying the judgment debtor’s motion to vacate the order renewing the judgment.

Facts and Proceedings Below

Prior to 1980 plaintiff and respondent, Timberline, Inc., was a woodworking business. In 1980 it sold all its assets to defendant and appellant, Gul Jaisinghani. Thereafter, the corporation ceased doing business.

Defendant apparently did not pay the agreed sales price. On August 21, 1986, the corporation received a judgment against him for $65,463.71. At the time of trial and judgment the corporation was in good standing with the Secretary of State and the Franchise Tax Board.

However, on June 1, 1989, the corporation was suspended by the Secretary of State of California pursuant to Revenue and Taxation Code section 23302 for failure to pay franchise taxes.

Defendant has not paid any part of the judgment and it remains unsatisfied.

On December 19, 1995, the…

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