Amesco Exports, Inc. v. Associated Aircraft Manufacturing & Sales, Inc.

ORDER GRANTING MOTION FOR RECONSIDERATION

I. BACKGROUND.

This matter arises from an alleged breach of contract action brought by plaintiffs Amesco Exports and Nejat Munisoglu against Associated Aircraft Manufacturing and Sales, Inc. (“AAMSI”). Plaintiffs originally sought to recover commissions on two alleged contracts, one oral and one written.

Previously, the court granted summary judgment to defendant on the grounds that Amesco lacked capacity to sue because its corporate status was suspended as of January 3, 1995 for the nonpayment of taxes and that Munisoglu did not have standing to sue in his individual capacity because he was acting solely in his capacity as the executive officer of Amesco with regard to the contracts.

Plaintiff Munisoglu states that Amesco’s offices at 12400 Wilshire Boulevard, Los Angeles were vacated and closed as of May 1, 1994. After that time, he conducted operations from his home and filed a change of address with the post office to redirect mail to a post office box. A notification of change of address was not sent to the California Department of Corporations until February 27, 1995. No change of address was ever sent to the Franchise Tax Board.…