Login
judyrecords
search tips
770 million+
United States Court Cases

California Fourth Appellate District Division 3 Record

Hasso v. American Business Investments et al.

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)
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