Judgment debtor’s motion to deem the application for and renewal of judgment void to the extent it has been filed by judgment creditor Continental KFM, Inc. Motion granted.
While the mere fact that Continental KFM was not represented by counsel at the time it filed its application does not necessarily render it void (see CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1144-1150), the fact that Continental KFM was not in good standing with the Secretary of State and the Franchise Tax Board at the time of the filing does, at least in this case. (See Campbell Decl. at Exh. F [California Secretary of State printout showing Continental KFM has been suspended for the failure to pay taxes since 2008].)
Specifically, a corporation that is not in good standing with the Secretary of State and the Franchise Tax Board does not have the privilege of renewing its judgment. (Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1368-1369.) While revivor of a corporation
Hearing Date
November 03, 2017
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Judgment debtor’s motion to deem the application for and renewal of judgment void to the extent it has been filed by judgment creditor Continental KFM, Inc. Motion granted.
While the mere fact that Continental KFM was not represented by counsel at the time it filed its application does not necessarily render it void (see CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1144-1150), the fact that Continental KFM was not in good standing with the Secretary of State and the Franchise Tax Board at the time of the filing does, at least in this case. (See Campbell Decl. at Exh. F [California Secretary of State printout showing Continental KFM has been suspended for the failure to pay taxes since 2008].)
Specifically, a corporation that is not in good standing with the Secretary of State and the Franchise Tax Board does not have the privilege of renewing its judgment. (Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1368-1369.) While revivor of a corporation