Sanders

Sanders v. Lesinski

Good Law
17 Cal. App. 4th 742·1993 Cal. App. LEXIS 785·21 Cal. Rptr. 2d 599·93 Daily Journal DAR 9843·93 Cal. Daily Op. Serv. 5801
Court of Appeal of CaliforniaJuly 30, 1993No. F018274California4,527 words

Opinion

Lead Opinion

Moffat, J.

Ronald Lesinski and Ruth Lesinski, objectors and appellants, appeal from an order granting the appointment of a provisional director to the board of ANNRHON, Inc., pursuant to Corporations Code section 308.

On July 21, 1992, a hearing was held on the matter. On July 22, 1992, the court filed an order granting the petition and appointing Gene Deetz as the provisional director. On July 23, 1992, the notice of entry of judgment was filed.

*746 On August 10, 1992, Ronald and Ruth Lesinski filed a timely notice of appeal.

Facts

In 1985, appellants Ronald and Ruth Lesinski incorporated ANNRHON. Appellants acquired from Wendy’s International the franchises for three Wendy’s restaurant locations. Two restaurants were built but they were not profitable and the corporate revenues were drained. Appellants did not have sufficient capital to proceed with the third location.

In order to retain their franchise rights, appellants sought additional investors to finance the third location. In 1986, ANNRHON entered into an agreement with Bruce and Ardeene Sanders (respondents), issuing them 20,000 shares of new stock for $50,000. Appellants also owned 20,000 shares of ANNRHON. The…

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