Entertainment & Sports
Oct. 19, 2016
A new way to revive a suspended corporation?
Recently, a 9th Circuit panel allowed a third-party beneficiary to bring an action even though the promisee corporation was suspended.
Neville L. Johnson
Partner
Johnson & Johnson LLP
439 N Canon Dr
Beverly Hills , CA 90210
Phone: 310-975-1080
Email: njohnson@jjllplaw.com
Southwestern Univ SOL; Los Angeles CA
Douglas L. Johnson
Partner
Johnson & Johnson LLP
439 N Canon Dr
Beverly Hills , CA 90210
Phone: (310) 975-1080
Email: djohnson@jjllplaw.com
McGeorge SOL Univ of the Pacific; CA
Representing a corporate client that hasn't paid its taxes is a common problem for litigators. California law prevents these suspended corporations from suing or defending suit until they pay the taxes - but Section 23305b of the California Revenue and Tax Code (CRTC) allows the Franchise Tax Board to revive a suspended corporation if doing so will improve the chances that the corporation will pay up.
Recently, a panel of the 9th U.S. Circuit Court of Appeals relied on this exceptio...
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