Parties and Attorneys
Hasso v. American Business Investments et al.
Case Number G029468
| Party | Attorney |
|---|---|
| American Business Investments : Defendant and Appellant | Jeffrey S Mintz 43225 Whittier Ave Hemet, CA 92544 |
| George Kaymaz : Defendant and Appellant | Jeffrey S Mintz 43225 Whittier Ave Hemet, CA 92544 |
| Alan Hasso : Plaintiff and Respondent | Steven R. Young 101 Pacifica Suite 240 Irvine, CA 92618 Stephen W. Johnson Law Office of Stephen W. Johnson 22800 Savi Ranch Pkwy Suite 216 Yorba Linda, CA 92887 |
Case Summary
Trial Court Case:
806730
Court of Appeal Case:
G029468
Division:
Case Caption:
Hasso v. American Business Investments et al.
Case Type:
CV
Filing Date:
07/25/2001
Completion Date:
11/13/2003
Oral Argument Date/Time:
08/18/2003 09:30 AM
Docket (Register of Actions)
Hasso v. American Business Investments et al.
Case Number G029468
| Date | Description | Notes |
|---|---|---|
| 08/01/2001 | Notice of appeal lodged/received. | appellants- American Business Investments and George Kaymaz |
| 08/10/2001 | Default notice received-appellant notified per rule 10(c). | re: designation of record. |
| 08/13/2001 | Received copy of: | Aplt's designation of RT, and 5.1 election filed in sup crt. |
| 08/20/2001 | Motion filed. | Applt-For relief from default to designate the RT. |
| 08/20/2001 | Received copy of: | aplt's notice of election to proceed per crc 5.1 |
| 08/21/2001 | Default notice vacated. | Notice of compliance w/crc 10(c), re: designation. |
| 08/21/2001 | Proceeding by 5.1 - no reporter's transcript. | |
| 09/04/2001 | To court. | Applt's mtn for relief from default |
| 09/04/2001 | Order filed. | Aplts filed a mtn w/this crt on 8-20-01 for relief from default forfailure to designate RT. OC Sup Crt on 8-21-01 filed a notice of 5.1election w/no RT. Aplt's mtn for relief from default is GRANTED. Apltshall have 10days from the date of the order to file the designationof RT w/OC sup crt. |
| 09/12/2001 | Received copy of: | Aplt's designation of RT. |
| 10/01/2001 | Notice to reporter to prepare transcript. | Csr: Teresa Jo Fletcher. |
| 10/31/2001 | Reporter's transcript filed. | 2 RT |
| 11/28/2001 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 30 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 11/28/2001 | Stipulation of extension of time filed to: | Appellant's appendix and opening brief filed. Due on 01/03/2002 By 30 Day(s) Attorney: MacDonald, Bryant 01/03/02 Party: American Business Investments |
| 01/04/2002 | Appellant notified pursuant to rule 17(a)(1). | |
| 01/07/2002 | Substitution of attorneys filed for: | attorney Bryant MacDonald is subed out, attorney Jeffrey Mintz issubed in for appellant. |
| 01/07/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 30 Day(s) Attorney: Jeffrey Mintz Party: American Business Investments |
| 01/07/2002 | Granted - extension of time. | Appellant's appendix and opening brief filed. Due on 02/01/2002 By 30 Day(s) Attorney: Jeffrey Mintz NO MORE NOTICE WILL BE ISSUED UNDER RULE 17 Party: American Business Investments |
| 01/14/2002 | Association of attorneys filed for: | Atty Stephen Jonhson associated w/ Steven Young for resp Alan Hasso |
| 01/14/2002 | Motion to dismiss filed (after record). | by resp Alan Hasso |
| 01/29/2002 | Opposition filed. | by appellant in response to respondent's motion for dismiss. |
| 01/29/2002 | To court. | respondent's motion to dismiss with appellant's opposition. |
| 01/29/2002 | Note: | aplt attorney sent a request for ext. of time but the date is notcorrect. Called attorney and left a message. |
| 01/29/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 30 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 01/30/2002 | Granted - extension of time. | Appellant's appendix and opening brief filed. Due on 03/01/2002 By 30 Day(s) Attorney: MacDonald, Bryant 03/01/02 NO MORE 17 NOTICES WILL BE SENT Party: American Business Investments |
| 01/31/2002 | Order filed. | Respondent's motion filed on January 14, 2002, to dismiss the appealof Kaymez, George et al., is denied without prejudice. |
| 03/01/2002 | Telephone conversation with: | appellant attorney send overnight request for ext. of time, the mailservice unable to deliver???? will send another one by Monday beforenoon |
| 03/04/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 60 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 03/05/2002 | Granted - extension of time. | Appellant's appendix and opening brief filed. Due on 04/29/2002 By 60 Day(s) Attorney: MacDonald, Bryant (AAO ext'd to 4/29) Party: American Business Investments |
| 04/29/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 30 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 04/29/2002 | Telephone conversation with: | appellant attorney re his request for ext. of time, he has to send usa copy of bankruptcy status. The court does not know about bankruptcystatus. |
| 05/03/2002 | Granted - extension of time. | Appellant's appendix and opening brief filed. Due on 05/29/2002 By 30 Day(s) Attorney: MacDonald, Bryant LAST EXTENSION!!!!! 05/29/02 Party: American Business Investments NO FURTHER 17 NOTICE WILL BE ISSUED. |
| 05/30/2002 | Received fax informational copy of: | appellant's request as to ext. of time for aob and partial withdrawas attorney for appellant American Business Investments, Inc. |
| 05/30/2002 | To court. | appellants attorney's request for ext. of time and withdraw asattorney for American Business Investments, Inc. |
| 05/30/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 30 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 05/31/2002 | Order filed. | The motion of attorney Jeffrey S. Mintz to withdraw as counsel ofrecord on appeal for appellant American Business Investments, Inc.,is denied without prejudice. The request of appellant George Kaymazfor an extension of time to file aob is granted. Kaymaz'z openingbrief shall be filed by June 28, 2002. No further notices under rule17 will be issued. The court has been advised that the involuntarybankruptcy petition affecting appellant George Kaymaz has beendismissed, but that the bankruptcy proceeding against appellantAmerican Business Investment, Inc., is still pending. While thependency of the bankruptcy as to the appellant corporation wouldappear to stay the appeal as to it, the appeal is no longer stayed asto appellant George Kaymaz, and the court is considering proceedingon the appeal. The parties are ordered to advise the court by letterbrief no later than June 13, 2002, whether the appeal as to GeorgeKaymaz's appeal should be allowed to go forward. |
| 06/13/2002 | Telephone conversation with: | appellant's counsel, he will overnite the letter brief today |
| 06/14/2002 | Letter brief filed. | Defendant and Appellant: American Business Investments Attorney: Jeffrey S Mintz Defendant and Appellant: George Kaymaz Attorney: Jeffrey S Mintz Attorney: Mintz, Jeffrey S per order of 05/31/02 Party: Kaymaz, GeorgeAttorney: Mintz, Jeffrey S Party: American Business Investments |
| 06/14/2002 | Note: | letter brief was not filed by respondent |
| 06/18/2002 | Order filed. | according to letter brief filed by appellants on June 14, 2002, thebankruptcy for appellant American Business Investments is stillpending and the bankruptcy for appellant George Kaymaz has beendismissed. Therefore the appeal of American Business Investmentsremains stayed pending further order of the bankruptcy court. Theappeal of George Kaymaz will proceed. Appellant George Kaymaz isgranted 30 days from the date of this order to file his aob. |
| 07/18/2002 | Request for judicial notice filed. | by aplts and rqsting for extension of time to file aob. |
| 08/05/2002 | Telephone conversation with: | appellant attorney, the bankruptcy is still pending for AmericanBusiness Investments. |
| 08/05/2002 | Order filed. | Appellant George Kaymaz has filed a request for judicial notice onJuly 18, 2002. The requests for judicial notice will be decided inconjunction with decision on appeal. Appellant's request for anextension of time to file aob is granted. Aob must be filed with thiscourt on or before August 15, 2002. |
| 08/15/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 15 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 08/15/2002 | Granted - extension of time. | Appellant's appendix and opening brief filed. Due on 08/30/2002 By 15 Day(s) Attorney: MacDonald, Bryant 08/30/02 Party: American Business Investments |
| 08/15/2002 | Change of address filed for: | Stephen W. Johnson (Old address) Law Office of Stephen W. Johnson22800 Savi Ranch Parkway Suite 216Yorba Linda CA 92887 |
| 09/03/2002 | Requested - extension of time | Appellant's appendix and opening brief filed. Requested for By 15 Day(s) Attorney: MacDonald, Bryant Party: American Business Investments |
| 09/03/2002 | Granted - extension of time. | Appellant's appendix and opening brief filed. Due on 09/16/2002 By 15 Day(s) Attorney: MacDonald, Bryant 09/16/02 LAST EXTENSION!!!!! Party: American Business Investments |
| 09/17/2002 | Appellant's appendix and opening brief filed. | Defendant and Appellant: American Business Investments Attorney: Bryant Carlton MacDonald Attorney: Jeffrey Mintz (Constructively filed 9-16 Fed Ex) Party: George kaymaz only (1 vol. appendix) |
| 10/18/2002 | Respondent notified pursuant to rule 17(a)(2). | |
| 10/18/2002 | Telephone conversation with: | counsel for resp, just mailed to the court an application to extendRB. |
| 10/22/2002 | Requested - extension of time | Respondent's brief. Requested for By 60 Day(s) Attorney: Young, Steven Party: Hasso, Alan |
| 10/22/2002 | Granted - extension of time. | Respondent's brief. Due on 12/23/2002 By 60 Day(s) Attorney: Young, Steven 12/23/02 Party: Hasso, Alan |
| 12/20/2002 | Requested - extension of time | Respondent's brief. Requested for By 30 Day(s) Attorney: Young, Steven Party: Hasso, Alan |
| 12/20/2002 | Granted - extension of time. | Respondent's brief. Due on 01/23/2003 By 30 Day(s) Attorney: Young, Steven 01/23/03 Party: Hasso, Alan |
| 01/21/2003 | Change of address filed for: | Stephen W. Johnson (Old address) Law Office of Stephen W. Johnson600 W. Santa Ana Blvd. Suite 814Santa Ana CA 92701 |
| 01/21/2003 | Requested - extension of time | Respondent's brief. Requested for By 8 Day(s) Attorney: Young, Steven Party: Hasso, Alan |
| 01/21/2003 | Granted - extension of time. | Respondent's brief. Due on 01/31/2003 By 8 Day(s) Attorney: Young, Steven 01/31/03 Party: Hasso, Alan |
| 01/31/2003 | Requested - extension of time | Respondent's brief. Requested for By 4 Day(s) Attorney: Young, Steven Party: Hasso, Alan |
| 01/31/2003 | Granted - extension of time. | Respondent's brief. Due on 02/04/2003 By 4 Day(s) Attorney: Young, Steven 02/04/03 Party: Hasso, Alan |
| 02/04/2003 | Received fax informational copy of: | Proof of service showing service to client Alan Hasso for ext rqst(will follow-up w/original proof of service) |
| 02/04/2003 | Requested - extension of time | Respondent's brief. Requested for By 3 Day(s) Attorney: Young, Steven Party: Hasso, Alan |
| 02/05/2003 | Granted - extension of time. | Respondent's brief. Due on 02/07/2003 By 3 Day(s) Attorney: Young, Steven 02/07/03 Party: Hasso, Alan |
| 02/07/2003 | Respondent's brief. | Plaintiff and Respondent: Alan Hasso Attorney: Steven R. Young Attorney: Young, Steven No more rule 17(b) notice will be issued. Party: Hasso, Alan |
| 02/19/2003 | Motion to dismiss filed (after record). | by resp Alan Hasso |
| 02/28/2003 | Appellant's reply brief. | Defendant and Appellant: American Business Investments Attorney: Jeffrey S Mintz Defendant and Appellant: George Kaymaz Attorney: Jeffrey S Mintz Attorney: Mintz, Jeffrey S filed on 02/27/03 purs to CRC, rule 40(k). Party: Kaymaz, GeorgeAttorney: Mintz, Jeffrey S Party: American Business Investments |
| 02/28/2003 | Case fully briefed. | |
| 02/28/2003 | Argument letter sent. | |
| 03/03/2003 | Motion filed. | for calendar preference by appellant |
| 03/07/2003 | To court. | Resp Hasso's mtn to dismiss |
| 03/07/2003 | Opposition filed. | by aplt as to resp's mtn to dismiss the appeal. |
| 03/07/2003 | Order filed. | A ruling on respondent's motion to dismiss the appeal filed byAmerican Business Investment, Inc., will be decided in conjunctionwith the decision on appeal. |
| 03/20/2003 | Calendar priority granted. | Appellant George Kaymaz's request for calendar preference is granted.The matter will be placed on the next available calendar. Notice ofthe time and date will be given. |
| 04/16/2003 | Case briefed and on assignment panel. | August 2003 calendar. |
| 05/30/2003 | Calendar notice sent. Calendar date: | 5-18-03 at 9:00 a.m. |
| 08/07/2003 | Order filed. | The court requests the parties to be prepared at the time of oralargument to discuss the status of the bankruptcy proceedingsfor American Business Investments, Inc., both in the bankruptcy courtand before the bankruptcy appellate panel of the Ninth Circuit. Inparticular the parties are to advise the court whether any stay,automatic or otherwise, is in effect with respect to AmericanBusiness Investments, Inc. If no stay is in effect, the parties arealso to advise the court whether American Business Investments, Inc.,is a coporation in good standing, or whether it is a suspendedcorporation. |
| 08/12/2003 | File(s) received from county clerk. | 14 volumes Superior Court File. |
| 08/13/2003 | File(s) returned to county clerk. | 14-volumes Superior Court File. |
| 08/18/2003 | Cause argued - submission deferred. (See note field.) | Appellant to file a letter brief by Aug. 25, 2003. Cause to besubmitted on Aug. 25, 2003. |
| 08/26/2003 | Letter brief filed. | Defendant and Appellant: American Business Investments Attorney: Jeffrey S Mintz Defendant and Appellant: George Kaymaz Attorney: Jeffrey S Mintz Attorney: Mintz, Jeffrey S Party: Kaymaz, GeorgeAttorney: Mintz, Jeffrey S Party: American Business Investments |
| 08/26/2003 | Submission order filed. | The above entitled cause is ordered submitted this date. |
| 08/27/2003 | Received document entitled: | Resp's reply to aplt's letter brief filed on 8-26-03. |
| 08/29/2003 | Submission vacated by order. | On the court's own motion, and for good cause, submission of thismatter is VACATED to permit the filing of a letter brief fromrespondent's counsel. The clerk of this court is directed to filethe August 26, 2003 letter brief from respondent's counsel forthwith.The matter will be resubmitted on September 10, 2003. |
| 08/29/2003 | Letter brief filed. | Plaintiff and Respondent: Alan Hasso Attorney: Stephen W. Johnson Attorney: Steven R. Young Attorney: Johnson, Stephen W. Party: Hasso, AlanAttorney: Young, Steven Party: Hasso, Alan |
| 09/03/2003 | Motion granted appeal dismissed. | Respondent's motion to dismiss the appeal of American BusinessInvestments Inc., (ABI) is GRANTED. The motion to dismiss was filedFebruary 19, 2003. By letter to this court dated August 22, 2003,ABI's counsel acknowledged that ABI remains a suspended corporation.We also take judicial notice of the "Order Closing Case" in casenumber RS01-19565-MG, American Business Investments Inc., debtor,United States Bankruptcy Court, Central District of California,entered on April 29, 2003, by which the bankruptcy court orderedABI's chapter 7 bankruptcy case closed. Thus, the automatic stay inbankruptcy was lifted no later than April 29, 2003. A suspendedcorporation "cannot sue, defend or appeal from an adverse decision."(9 Witkin, Summary of Cal. Law (9th ed. 1989) Corporations, 226; seealso Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306.)This is true whether the suspension is for the failure to pay taxespursuant to Revenue and Taxation Code section 23301, for the failureto file a tax return pursuant to Revenue and Taxation Codesection 23301.5, or for the failure to file a required statement withthe California Secretary of State pursuant to Corporations Codesection 2205. (See Palm Valley Homeowners Assn., Inc. v. DesignMTC (2000) 85 Cal.App.4th 553.) ABI's suggestion, without citationauthority, that respondent waived the right to assert the suspensionof ABI because it was not raised in the trial court is without merit.Had the suspension been raised in the trial court, ABI would havebeen prohibited from defending---it would not have preventedplaintiff from proceeding against ABI. (See Grell v. Laci Le BeauCorp., supra, file its tax returns, and file its corporate statementswith the California Secretary of State as a condition to thecontinued maintenance of its corporate powers, rights, and privileges.Plaintiff is not permitted to waive these requirements. Accordingly,the appeal of American Business Investments Inc. is DISMISSED. |
| 09/09/2003 | Submission order filed. | |
| 09/09/2003 | Opinion filed. | Reversed and remandedIkola, Moore, and Fybel |
| 11/13/2003 | Remittitur issued. | |
| 11/13/2003 | Case complete. | |
| 03/17/2005 | Record in off-site storage | 304818297 |
| 08/26/2019 | Record destroyed pursuant to rule 10.1028 |
Briefs
Hasso v. American Business Investments et al.
Case Number G029468
| Brief | Due Date | Date Filed | Party and Attorney | Notes |
|---|---|---|---|---|
| Letter brief filed. | 06/14/2002 | Defendant and Appellant: American Business Investments Attorney: Jeffrey S Mintz Defendant and Appellant: George Kaymaz Attorney: Jeffrey S Mintz | Attorney: Mintz, Jeffrey S per order of 05/31/02 Party: Kaymaz, George Attorney: Mintz, Jeffrey S Party: American Business Investments | |
| Appellant's appendix and opening brief filed. | 09/17/2002 | Defendant and Appellant: American Business Investments Attorney: Bryant Carlton MacDonald | Attorney: Jeffrey Mintz (Constructively filed 9-16 Fed Ex) Party: George kaymaz only (1 vol. appendix) | |
| Respondent's brief. | 02/07/2003 | Plaintiff and Respondent: Alan Hasso Attorney: Steven R. Young | Attorney: Young, Steven No more rule 17(b) notice will be issued. Party: Hasso, Alan | |
| Appellant's reply brief. | 02/28/2003 | Defendant and Appellant: American Business Investments Attorney: Jeffrey S Mintz Defendant and Appellant: George Kaymaz Attorney: Jeffrey S Mintz | Attorney: Mintz, Jeffrey S filed on 02/27/03 purs to CRC, rule 40(k). Party: Kaymaz, George Attorney: Mintz, Jeffrey S Party: American Business Investments | |
| Letter brief filed. | 08/26/2003 | Defendant and Appellant: American Business Investments Attorney: Jeffrey S Mintz Defendant and Appellant: George Kaymaz Attorney: Jeffrey S Mintz | Attorney: Mintz, Jeffrey S Party: Kaymaz, George Attorney: Mintz, Jeffrey S Party: American Business Investments | |
| Letter brief filed. | 08/29/2003 | Plaintiff and Respondent: Alan Hasso Attorney: Stephen W. Johnson Attorney: Steven R. Young | Attorney: Johnson, Stephen W. Party: Hasso, Alan Attorney: Young, Steven Party: Hasso, Alan |
Future Scheduled Actions
Hasso v. American Business Investments et al.
Case Number G029468
No information found.
Disposition
Hasso v. American Business Investments et al.
Case Number G029468
Description:
Dismissed by motion
Date:
09/03/2003
Disposition Type:
Partial
Publication Status:
Author:
Participants:
Case Citation:
none
Description:
Reversed & Remanded to trial court w/directions
Date:
09/09/2003
Disposition Type:
Final
Publication Status:
Signed Unpublished
Author:
Ikola, Raymond J.
Participants:
Moore, Eileen C. (Concur)
Fybel, Richard David (Concur)
Fybel, Richard David (Concur)
Case Citation:
none
Trial Court
Hasso v. American Business Investments et al.
Case Number G029468
Trial Court Name:
Orange County Superior Court - Main
County:
Orange
Trial Court Case Number:
806730
Trial Court Judge:
Trial Court Judgment Date:
05/31/2001