Doty
Doty v. Franchise Tax Broad (In re Doty)
Opinion
Lead Opinion
Ford, J.
MEMORANDUM OPINION
INTRODUCTION
A COMPLAINT FOR SANCTIONS AND FOR DETERMINATION OF CLAIM OF FRANCHISE TAX BOARD AGAINST DEBTOR, was filed in the above entitled court on July 19, 1988. The complaint and summons were served by mail on the Franchise Tax Board, Legal Director, the State of California and the Attorney General. On August 19, 1988, the Franchise Tax Board for the State of California filed an Answer and on August 25, 1988, the Franchise Tax Board for the State of California filed an Amended Answer. The pre-trial hearing was set for and conducted on September 28, 1988, at which time appropriate orders were made pursuant to Federal Rule of Civil Procedure Section 16. The trial was set to take place on October 27, 1988, at 1:30 p.m.
On October 27, 1988, Edward P. Holl-ingshead Deputy Attorney General, appeared for the Franchise Tax Board, and Hilton Ryder of the firm of RYDER & WALTER, appeared as attorney for plaintiff.
Both counsel agreed that there were no contested factual issues and stipulated to the following facts.
FINDINGS OF FACT
1. On August 13, 1988, GEHRMAN K. DOTY, dba Doty’s Outlet Center filed a Chapter 11 proceeding in the above entitled court. The…